Former Philippine President Rodrigo Duterte surprised the global political and criminal landscape by winning the mayoral election of Davao City, despite currently being incarcerated in The Hague on serious charges of crimes against humanity
This has become one of the most enigmatic and simultaneously alarming political cases of modern times, highlighting the complexity and contradictions in the relationship between justice and politics in an independent Philippines. According to reports from CNN, international prosecutors of the International Criminal Court (ICC) accuse the 80-year-old patriarch of a political clan of committing mass extrajudicial killings, which became the centerpiece of his anti-drug campaign between 2016 and 2019. Officially, investigators state that at least 6,000 people were killed during this campaign, although Duterte’s official statements deny any human rights violations and claim that his actions were in the interest of national security. In public speeches, he regularly praised his harsh policies in fighting drug traffickers and crime, though these actions are now being questioned by the international community and judicial authorities. Interestingly, despite these serious accusations and his detention in The Hague, Duterte secured victory in the Davao mayoral race. This is perceived as a paradox and a testament to the deep political roots of his family dynasty in the region. Voters in the city he led for over 20 years once again entrusted the position to his representative – Sebastian Duterte, one of his five sons. This reflects the strong political positioning of the family even amid international legal persecution. Sources indicate that the election results are not surprising: the main reason is the region’s deep political dependence on the Duterte family. Local elections tend to support traditional dynasties and their influence, ensuring stability in the management of the city and region. However, the legal dilemma surrounding the election results creates a complex legal paradox. Under current Philippine law, an elected mayor who is in detention abroad or unable to take the oath of office physically due to international restrictions cannot officially perform their duties. Experts say that the law allows vice-mayors or candidates who finished second in the election to assume mayoral functions; however, this raises additional legal issues. Joel Butuyam, lawyer and president of the human rights organization CenterLaw, notes that Duterte may be sworn in via absentee voting or video link, as recently discussed by some legal circles. Yet, the key point is that such a procedure must be approved by a court in The Hague, which is unlikely to happen quickly. According to Philippine law, if Duterte cannot physically take the oath, the acting mayor – usually the vice-mayor or the second-place candidate – automatically assumes authority, creating further legal nuances and potential conflicts. The next hearing in Duterte’s case is scheduled for September, and even with the most optimistic estimates, his participation will be challenging. Hague courts have expressed readiness to consider the need for the accused to be sworn in and will determine the procedures regarding his political functions. Legal experts emphasize that this case could set a precedent for the future coexistence of international jurisdiction and national authorities when the accused are high-ranking officials. As is known, the International Criminal Court was established in 2002 after the upheavals in Yugoslavia and the genocide in Rwanda, to serve as a guarantor of international justice in cases of serious crimes against humanity, war crimes, and genocide. The court has jurisdiction only when national authorities are unable or unwilling to investigate and prosecute offenders. However, in the case of the Philippines, the situation was complicated further after the country withdrew from the Rome Statute in 2019, which, according to human rights defenders, was an attempt to evade responsibility for crimes committed during Duterte’s regime. It is also noteworthy that in 2023, the ICC resumed its investigation into crimes committed during that period and requested information regarding possible violations of international law by the former leader. Earlier, in March of the same year, Duterte was detained at Manila International Airport on a court-issued arrest warrant, adding a new layer to the complex legal and political conflict between national justice and the international system. Ultimately, this story highlights the difficulties that arise in modern politics when internal interests intertwine with global standards of justice. It demonstrates that even the highest political titles do not guarantee immunity from international justice, and that legal mechanisms can become tools for holding even the most powerful accountable. At the same time, it underscores the ongoing need for the improvement of international institutions to ensure justice and the rule of law worldwide, regardless of a person’s status or political influence.