Former Philippine President Rodrigo Duterte is now facing the most serious legal battle of his life, detained in The Hague after being arrested by Interpol in the Philippines on the basis of an arrest warrant issued by the International Criminal Court (ICC). While his supporters, particularly the Diehard Duterte Supporters (DDS), see this as an unjust persecution, the reality is far more complex than mere political allegiance. The impending trial presents both formidable legal challenges and an international reckoning with justice.
The Legal Defense: Atty. Nicholas Kaufman
Duterte’s legal team has secured the expertise of internationally renowned attorney Nicholas Kaufman, a seasoned lawyer with extensive experience in international criminal law. Kaufman’s initial legal strategy appears to focus on questioning the legality of Duterte’s arrest, a move that aims to weaken the ICC’s jurisdiction over the case. However, in the grand scheme of things, this argument may be inconsequential, as the primary charge Duterte faces is CRIME AGAINST HUMANITY.
Kaufman, being a highly competent legal counsel, is well aware of the legal principle of male captus, bene detentus—which essentially means that even if an individual is unlawfully captured, they can still be lawfully tried. This doctrine has been upheld in numerous international cases, which suggests that his challenge to the arrest’s legality may not hold much weight in the final proceedings.
The Other Side: A Formidable Prosecution Team
While Duterte has a distinguished lawyer on his side, the prosecution is equally, if not more, formidable. The ICC has assembled a panel of at least three seasoned international prosecutors, each with extensive experience in handling crimes against humanity cases. Their focus is on presenting irrefutable evidence, including testimonies from victims and documented human rights violations under Duterte’s infamous war on drugs.
This legal battle is not merely about technicalities or political narratives—it is about justice for thousands of extrajudicial killings and alleged human rights abuses. The prosecution’s case is likely to be robust, relying on years of investigative work and testimonies that paint a grim picture of Duterte’s presidency. The trial will test not only the resilience of Duterte’s defense team but also the international community’s commitment to accountability.
A Tough Road Ahead for Duterte
For Duterte and his supporters, the road ahead will not be easy. While many in the Philippines view him as a strongman who effectively tackled crime and drugs, the ICC sees a leader accused of orchestrating widespread human rights violations. The international community’s stance on crimes against humanity has historically been unwavering, and past trials of leaders accused of similar offenses suggest that Duterte’s case will be a hard-fought battle with serious consequences.
At the end of the day, Atty. Kaufman will have to face the reality that legal maneuvering alone may not be enough to shield Duterte from the weight of international justice. While his expertise is invaluable, history has often favored justice over technical legal defenses. Duterte’s trial is set to be a landmark case, and there is a strong possibility that his name will be etched into history—not as a nationalist hero, but as a leader held accountable for his actions.
In the final analysis, it is not just about which legal team is more skilled; it is about whether the ICC’s pursuit of justice will prevail over political narratives. Duterte’s fate now rests in the hands of an international court that has been established precisely to deal with cases like his. The world is watching, and the outcome of this case will undoubtedly shape global conversations on justice and human rights for years to come.
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Prof. Ruel F. Pepa is a Filipino philosopher based in Madrid, Spain. A retired academic (Associate Professor IV), he taught Philosophy and Social Sciences for more than fifteen years at Trinity University of Asia, an Anglican university in the Philippines. He is a regular contributor to Global Research.
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