Duterte Arrested by ICC: Why Are Netanyahu and Putin Still Free?
- paolo bibat
- Mar 15
- 4 min read
On March 11, 2025, former Philippine President Rodrigo Duterte was arrested at Manila's Ninoy Aquino International Airport under a warrant issued by the International Criminal Court (ICC).
The charges against him include crimes against humanity, specifically murder, linked to his brutal anti-drug campaign that resulted in thousands of extrajudicial killings. Duterte’s arrest marks a significant moment in international justice, as he became the first Asian leader to face trial at The Hague for such crimes.
While Duterte’s arrest signals progress in holding leaders accountable for human rights violations, it raises questions about why other controversial figures—such as Israeli Prime Minister Benjamin Netanyahu and Russian President Vladimir Putin—remain free despite allegations of serious crimes.
Duterte’s Arrest
The ICC issued a warrant for Duterte’s arrest on March 7, 2025, following years of investigation into his administration’s “war on drugs.” The court found reasonable grounds to believe that Duterte was responsible for widespread and systematic attacks against civilians, including extrajudicial killings carried out during his time as mayor and later as president.
Former Philippine President Rodrigo Roa Duterte appears for the pretrial at the International Criminal Court against charges of 'crimes against humanity'.
Duterte’s arrest became possible due to the cooperation of the Philippine government under President Ferdinand Marcos Jr., with Interpol, leading to the execution of the ICC warrant. This cooperation is notable given that Duterte had previously withdrawn the Philippines from the Rome Statute in 2019. However, the ICC ruled that it retained jurisdiction over crimes committed while the Philippines was still a party to the treaty.
Why Is Netanyahu Still Free?
Israeli Prime Minister Benjamin Netanyahu has faced allegations of war crimes related to Israel's military actions in Gaza and its treatment of Palestinians.
In 2021, the ICC opened an investigation into potential war crimes committed in Palestinian territories, including actions by Israeli officials. Netanyahu has repeatedly dismissed the ICC’s jurisdiction, labeling its investigations as politically motivated and biased against Israel.
Key Reasons for Netanyahu's Freedom:
Jurisdictional Disputes: Israel is not a party to the Rome Statute, which established the ICC. While the court claims jurisdiction over alleged crimes in Palestinian territories (recognized as a state by the ICC), Israel contests this claim.
Political Backing: Israel enjoys strong support from powerful allies like the United States, which has criticized ICC investigations into Israeli actions. This geopolitical backing complicates efforts to hold Netanyahu accountable.
Domestic Legal Systems: Israel argues that its judicial system is capable of investigating and prosecuting alleged crimes, making ICC intervention unnecessary under the principle of complementarity.
Despite these factors, human rights organizations continue to call for accountability, citing evidence of disproportionate use of force in Gaza and illegal settlement expansions in Palestinian territories.
Why Hasn’t Putin Been Arrested?
Russian President Vladimir Putin faces accusations of war crimes and crimes against humanity stemming from Russia’s military actions. In Ukraine, reports have documented indiscriminate bombings of civilian areas, forced deportations, and other violations of international law since Russia’s invasion began in February 2022.
Key Reasons for Putin's Freedom:
Non-Membership in the ICC: Like Israel, Russia is not a party to the Rome Statute. It withdrew its signature from the treaty in 2016 after criticism over its actions in Crimea.
Geopolitical Power: As a permanent member of the United Nations Security Council (UNSC), Russia wields significant influence on global diplomatic efforts. This power shields Putin from international accountability mechanisms.
Enforcement Challenges: The ICC lacks its own enforcement mechanism and relies on member states to execute arrest warrants. Given Russia’s global clout and military strength, securing Putin’s arrest would require unprecedented international coordination.
While investigations into Russia's actions continue at various levels—including by independent UN bodies—Putin remains insulated by his position and Russia’s refusal to cooperate with international legal institutions.
Contrasts with Duterte’s Case
The key difference between Duterte’s situation and those of Netanyahu and Putin lies in their respective countries’ relationships with the ICC. The Philippines was a member of the Rome Statute during much of Duterte’s presidency, granting the ICC jurisdiction over alleged crimes committed during that period.
Furthermore, Duterte lost significant political immunity after leaving office in 2022, creating an opening for accountability.
In contrast, Netanyahu benefits from Israel’s non-membership in the ICC and strong political alliances, while Putin is shielded by Russia’s withdrawal from the Rome Statute and its geopolitical influence.
Additionally, domestic political dynamics played a role in Duterte's arrest. The Philippine government under President Marcos Jr. demonstrated willingness to cooperate with international justice mechanisms—a stark contrast to Israel and Russia's staunch opposition to ICC investigations.
Challenges Facing International Justice
The disparity in how leaders like Duterte, Netanyahu, and Putin are treated highlights systemic challenges within international justice frameworks:
Selective Enforcement: The ICC relies on state cooperation to execute warrants, leading to accusations of bias or selective prosecution based on geopolitical considerations.
Jurisdictional Limitations: Non-member states like Israel and Russia can evade ICC jurisdiction unless referred by the UNSC—a scenario unlikely given their political influence.
Lack of Enforcement Power: Without its own police force or enforcement mechanism, the ICC depends on member states’ willingness to act.
These limitations undermine the court’s ability to hold powerful leaders accountable for alleged crimes.
Rodrigo Duterte’s arrest marks a significant step forward for international accountability but also underscores glaring inconsistencies in global justice systems. While Duterte faces trial at The Hague for crimes against humanity during his “war on drugs,” leaders like Benjamin Netanyahu and Vladimir Putin remain free due to jurisdictional loopholes, geopolitical backing, and enforcement challenges.
The cases of Netanyahu and Putin reveal how power dynamics often shield influential figures from accountability, even when credible allegations exist. As international institutions like the ICC strive to uphold justice, they must address these systemic barriers to ensure that no leader is above the law—regardless of their political alliances or global standing.
For now, Duterte's case stands as both a victory for human rights advocates and a reminder of how far international justice still has to go.
