Former Philippine President Rodrigo Duterte, arrested for alleged crimes against humanity, has been transferred to the custody of the International Criminal Court (ICC) in The Hague, marking a historic moment as the first Asian former head of state to face charges before the court. Now held in a specialised detention centre in Scheveningen, Netherlands, Duterte awaits his initial court appearance, expected in the coming days. The case raises profound questions about international justice, the treatment of high-profile detainees, and the legacy of Duterte’s controversial tenure.
The ICC’s detention facility, distinct from a traditional prison, is described as a secure holding centre designed for individuals awaiting trial or other legal proceedings. This article delves into the conditions Duterte will experience, the legal framework governing his detention, and the broader implications of his case for the Philippines and the global accountability landscape.
Life Inside the ICC Detention Centre
Located within a Dutch prison complex in Scheveningen, The Hague, the ICC detention centre operates under the oversight of Registrar Osvaldo Zavala Giler of Ecuador, who was elected to the position on 17 April 2023. The facility is engineered to ensure “safe, secure, and humane” conditions, reflecting international standards that prioritise the presumption of innocence until proven guilty.
Unlike conventional prisons, the ICC centre provides detainees with a range of amenities aimed at supporting their physical and mental well-being, as well as their legal defence preparations. A standard cell includes a single bed, a table, a chair, and storage cabinets. Beyond the cell, detainees have access to communal areas, a gym, and a medical unit. Each detainee is also provided with a computer linked to a specific court system, accessible only by their defence team, facilitating preparation for legal proceedings in line with the ICC’s status as an “e-Court.”
The daily routine for detainees includes access to fresh air, recreational activities, and sports, alongside provisions for meals that meet nutritional and hygiene standards. Detainees can even cook for themselves using items from a designated shopping list. Communication rights are strictly upheld, with private conversations permitted between detainees and their legal counsel, consular representatives, and spiritual advisors, free from monitoring by detention staff. A dedicated space is available for religious or spiritual visits, and family connections are supported through visits from relatives, including spouses or partners, with the Registrar offering assistance in navigating procedural requirements if needed.
The International Committee of the Red Cross conducts unannounced inspections to monitor detainees’ treatment, living conditions, and overall well-being, ensuring compliance with international norms. If convicted, Duterte would not serve a sentence at this facility but would be transferred to a prison outside the Netherlands under agreements between the ICC and host countries.
A Historic Arrival in The Hague
Duterte’s journey to The Hague began with his departure from Villamor Air Base in Pasay City on the evening of 11 March 2025, aboard a chartered plane that made a refuelling stop in Dubai before landing at Rotterdam The Hague Airport around 11:55 p.m. on Wednesday, 13 March. His arrival marks the culmination of a long-standing ICC investigation into allegations of crimes against humanity, primarily linked to his administration’s brutal war on drugs, which resulted in thousands of deaths and widespread accusations of extrajudicial killings.
At 79 years old, Duterte’s case is not only a personal legal battle but also a symbolic reckoning for the Philippines, where his policies polarised public opinion. While some viewed him as a strongman who tackled crime with an iron fist, others condemned his methods as ruthless and inhumane, particularly the violent crackdowns on suspected drug users and dealers. The ICC’s decision to pursue charges against him underscores its mandate to investigate individuals accused of the gravest offences, including genocide, war crimes, crimes against humanity, and the crime of aggression.
Legal and Political Implications
Duterte’s detention at the ICC is a landmark event in the realm of international justice, raising critical questions about accountability for state leaders. The Philippines initially withdrew from the ICC’s Rome Statute in 2019 under Duterte’s leadership, a move seen as an attempt to shield his administration from scrutiny over the drug war. However, the ICC retained jurisdiction over alleged crimes committed while the country was still a member, paving the way for the current proceedings.
For the Philippines, the case could have far-reaching political ramifications. Duterte’s arrest may embolden critics of his administration and fuel demands for domestic accountability, particularly among human rights advocates who have long sought justice for victims of the drug war. Conversely, his supporters—still a significant force in Philippine politics—may frame the ICC’s actions as foreign interference, potentially deepening divisions within the country. If the case progresses to trial, it could set a precedent for how international bodies address state-sanctioned violence in South East Asia and beyond.
On a global scale, Duterte’s situation highlights the ICC’s role as a mechanism for holding powerful figures to account, even when domestic systems fail to act. Yet, the court’s effectiveness remains a subject of debate. Critics argue that the ICC often struggles to enforce its rulings, particularly against leaders of non-member states or those with strong geopolitical backing. While the Philippines’ cooperation in transferring Duterte signals a willingness to engage with the court, the broader challenge of ensuring compliance with international justice mechanisms persists.
Conditions of Detention: A Balance of Rights and Security
The conditions at the ICC detention centre, while humane by design, are not without scrutiny. The balance between providing detainees with rights and maintaining security is a delicate one, particularly for high-profile figures like Duterte, whose case has drawn intense global attention. The ICC’s emphasis on privacy, access to legal resources, and family contact reflects a commitment to fairness, but it also raises questions about whether such provisions adequately address the gravity of the charges detainees face.
For Duterte, life in detention will be a stark contrast to his years as a powerful political figure. The structured daily programme, while offering some autonomy through recreational and personal activities, is a reminder of the loss of freedom that accompanies such serious allegations. Public sentiment, as reflected in discussions on platforms like X, varies widely—some express sympathy for his age and health, while others argue that the conditions are far more lenient than those endured by victims of his policies.
Looking Ahead: What’s Next for Duterte?
As Duterte prepares for his initial court appearance, the focus will shift to the legal arguments surrounding his case. The ICC will need to establish whether the evidence against him meets the threshold for crimes against humanity, a process that could take months or even years. Key issues will likely include the scale and systematic nature of the alleged killings during his presidency, as well as his direct responsibility as the architect of the drug war.
If convicted, Duterte’s transfer to a prison outside the Netherlands would mark the final chapter of his journey through the ICC system. However, a conviction is far from certain, and his defence team is expected to challenge the court’s jurisdiction and the admissibility of evidence at every stage. Meanwhile, the political fallout in the Philippines will continue to unfold, shaping public discourse and potentially influencing future elections.
A Test for International Justice
Rodrigo Duterte’s detention at the ICC is more than a legal proceeding; it is a test of the international community’s commitment to accountability. For victims of alleged atrocities under his administration, the case offers a glimmer of hope for justice, even as it navigates complex legal and political terrain. For the ICC, successfully prosecuting a former head of state could bolster its credibility, demonstrating that no individual is above the law.
Yet, the road ahead is fraught with challenges. The conditional nature of speculative outcomes—such as the potential impact on Philippine politics or the ICC’s global standing—must be acknowledged, with no evidence yet confirming how these dynamics will play out. What is clear, however, is that Duterte’s time in The Hague will be closely watched, not just in Manila but around the world, as a defining moment in the pursuit of justice for the most serious crimes.