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The Independent UK
The Independent UK
National
Mike Corder

What to know about the ICC, which had former Philippine president arrested

The court where former Philippine president Rodrigo Duterte will appear on charges of crimes against humanity is known as a court of last resort for the most serious offences.

Mr Duterte is the first former leader of an Asian nation to be arrested by the International Criminal Court.

He was expected to arrive in the Netherlands on Wednesday to face the court, which is based in The Hague.

The 79-year-old is facing accusations of crimes against humanity, allegedly carried out during deadly anti-drug crackdowns that he oversaw while president.

The ICC takes on cases where countries are unwilling or unable to prosecute on their territory. It prosecutes the most serious international cases, including those of genocide and crimes against humanity.

Its member states number 125 after Ukraine formally joined in January.

However, some major powers, like the United States, China and Russia, are not members.

The ICC, which has a budget this year of more than £165 million, does not have a police force. It must rely on the cooperation of states to arrest suspects.

Former Philippine president Rodrigo Duterte is facing accusations of crimes against humanity (AP)

Judges at the court have issued 60 arrest warrants and convicted 11 people in its history. Congolese warlord Thomas Lubanga was the first. He was sentenced in 2012 to 14 years in prison for conscripting child soldiers.

In 2021, the court convicted Ugandan commander Dominic Ongwen of dozens of war crimes and crimes against humanity, including multiple killings and forced marriages in Uganda. Ongwen was a one-time child soldier who became the brutal commander of a notorious rebel group known as the Lord’s Resistance Army.

Three verdicts are pending: Former Central African Republic soccer federation president Patrice-Edouard Ngaïssona and Alfred Yekatom, alleged leaders of a predominantly Christian rebel group in the Central African Republic, are accused of multiple counts of war crimes and crimes against humanity.

The trial of Ali Mohammed Ali Abdul Rahman Ali, who is accused of committing atrocities as the leader of the Janjaweed militia in Sudan, wrapped up in 2024.

The ICC's detention centre

Behind the imposing brick walls of a Dutch prison complex in the Hague seaside suburb of Scheveningen lies the ICC detention centre. Located approximately a mile from the court's main headquarters, the facility houses individuals awaiting trial or sentencing.

Detainees have access to a range of amenities, including a library, televisions for news and entertainment, and fitness facilities for physical activity. They are also provided with computers to work on their legal defence and can receive computer training if required.

The court facilitates visits from family members to maintain detainees' connections with their loved ones.

Photographs published on the ICC's website offer a glimpse into the communal areas within the centre. Images show a common room equipped with a foosball table, a kitchen area, and a seating area with a table and chairs. A small medical facility is also available on-site.

Individual cells are furnished with a bed, desk, cupboard, toilet, hand basin, television, and an intercom system to contact guards when the cell door is locked.

If Duterte goes to trial and is convicted, he will not serve his sentence in The Hague but be transferred to a prison in another country.

The detention centre currently houses five other suspects; Mahamat Said Abdel Kani, Yekatom, and Ngaïssona from the Central African Republic, Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud from Mali and Abdul Rahman from Sudan.

Benjamin Netanyahu is facing an ICC arrest warrant (POOL/AFP via Getty Images)

Suspects not in ICC custody

The ICC has issued arrest warrants for dozens of suspects since it was established in 2002. Among them are Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu.

The court issued a warrant for Mr Putin two years ago, accusing him of personal responsibility for the abductions of children from Ukraine. He has rejected the accusations.

In November, the court's judges issued warrants for Netanyahu, his former defence minister and Hamas's military chief, accusing them of crimes against humanity in connection with the war in Gaza.

Mr Netanyahu condemned the warrant against him, saying Israel “rejects with disgust the absurd and false actions” by the court. The case against the Hamas military leader has been terminated because he is believed to have been killed.

Other suspects wanted by the ICC include former Sudanese President Omar al-Bashir and Joseph Kony, leader of the Lord's Resistance Army.

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