SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
");background-position:center;background-size:19px 19px;background-repeat:no-repeat;background-color:var(--button-bg-color);padding:0;width:var(--form-elem-height);height:var(--form-elem-height);font-size:0;}:is(.js-newsletter-wrapper, .newsletter_bar.newsletter-wrapper) .widget__body:has(.response:not(:empty)) :is(.widget__headline, .widget__subheadline, #mc_embed_signup .mc-field-group, #mc_embed_signup input[type="submit"]){display:none;}:is(.grey_newsblock .newsletter-wrapper, .newsletter-wrapper) #mce-responses:has(.response:not(:empty)){grid-row:1 / -1;grid-column:1 / -1;}.newsletter-wrapper .widget__body > .snark-line:has(.response:not(:empty)){grid-column:1 / -1;}:is(.grey_newsblock .newsletter-wrapper, .newsletter-wrapper) :is(.newsletter-campaign:has(.response:not(:empty)), .newsletter-and-social:has(.response:not(:empty))){width:100%;}.newsletter-wrapper .newsletter_bar_col{display:flex;flex-wrap:wrap;justify-content:center;align-items:center;gap:8px 20px;margin:0 auto;}.newsletter-wrapper .newsletter_bar_col .text-element{display:flex;color:var(--shares-color);margin:0 !important;font-weight:400 !important;font-size:16px !important;}.newsletter-wrapper .newsletter_bar_col .whitebar_social{display:flex;gap:12px;width:auto;}.newsletter-wrapper .newsletter_bar_col a{margin:0;background-color:#0000;padding:0;width:32px;height:32px;}.newsletter-wrapper .social_icon:after{display:none;}.newsletter-wrapper .widget article:before, .newsletter-wrapper .widget article:after{display:none;}#sFollow_Block_0_0_1_0_0_0_1{margin:0;}.donation_banner{position:relative;background:#000;}.donation_banner .posts-custom *, .donation_banner .posts-custom :after, .donation_banner .posts-custom :before{margin:0;}.donation_banner .posts-custom .widget{position:absolute;inset:0;}.donation_banner__wrapper{position:relative;z-index:2;pointer-events:none;}.donation_banner .donate_btn{position:relative;z-index:2;}#sSHARED_-_Support_Block_0_0_7_0_0_3_1_0{color:#fff;}#sSHARED_-_Support_Block_0_0_7_0_0_3_1_1{font-weight:normal;}.grey_newsblock .newsletter-wrapper, .newsletter-wrapper, .newsletter-wrapper.sidebar{background:linear-gradient(91deg, #005dc7 28%, #1d63b2 65%, #0353ae 85%);}
To donate by check, phone, or other method, see our More Ways to Give page.
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
"Duterte's arrest on an ICC warrant... shows that suspected perpetrators of the worst crimes, including government leaders, can and will face justice," said one human rights advocate.
On Tuesday, former Philippine President Rodrigo Duterte was arrested by local authorities at Manila's international airport after the International Criminal Court issued a warrant accusing him of crimes against humanity. News of his arrest prompted some observers to urge the arrest of another public figure who faces ICC charges: Israeli Prime Minister Benjamin Netanyahu.
The Duterte case will pose a test for the court, according to The New York Times. In the past six months, the ICC has issued arrest warrants for Netanyahu, former Israeli Defense Minister Yoav Gallant, and Min Aung Hlaing, the head of the military junta in Myanmar.
Trita Parsi, executive vice president of the Quincy Institute for Responsible Statecraft, wrote "Perhaps Netanyahu and Gallant will be next..." in response to the news. Danny Shaw, a professor at City University of New York, posted a video of Duterte's arrest and wrote: "Why don't they arrest Netanyahu?"
Wim Zwijnenburg, a project leader at the Dutch peace organization PAX, wrote, "now do Netanyahu."
On Tuesday night, Duterte was placed on a plane that was bound for The Hague, where the court is headquartered, per the Times, citing two people with knowledge of the matter.
The ICC has accused Duterte of crimes against humanity during his time as president and when he was the mayor of the city of Davao. During his tenure as president, from 2016 to 2022, Duterte's security forces carried out thousands of killings that his government cast as drug-related cases. In a 2017 report, Human Rights Watch described his "war on drugs" as effectively "a campaign of extrajudicial execution in impoverished areas of Manila and other urban areas." Philippine National Police officers and unidentified "vigilantes" killed over 7,000 people between the start of his term and the release of that Human Rights Watch report, according to the group.
In 2017, Duterte earned praise from U.S. President Donald Trump, who told him in a phone call that he was doing "an unbelievable job on the drug problem," according to reporting at the time.
"Duterte's arrest on an ICC warrant is a hopeful sign for victims in the Philippines and beyond. It shows that suspected perpetrators of the worst crimes, including government leaders, can and will face justice, wherever they are in the world," said Agnes Callamard, secretary general of the human rights group Amnesty International, in a statement Tuesday. "At a time when too many governments renege on their ICC obligations while others attack or sanction international courts, Duterte's arrest is a huge moment for the power of international law."
Duterte's former chief legal counsel and presidential spokesperson, Salvador Panelo, said that the "ICC has no jurisdiction in the Philippines," in part because "the country withdrew as an ICC member state in 2018," according to a post on social media.
According to the Times, the court says the case only considers alleged crimes from the time when the country was still part of the court.
According to a copy of he warrant, which was obtained by the Times, three judges of the ICC said they believed Duterte "was responsible for the drug war killings that took place when he was president and mayor of Davao, and that there were reasonable grounds to believe that these attacks were 'both widespread and systematic.'"
The government itself, in 2022, said that over 6,200 "drug suspects" were killed during Duterte's war on drugs starting in 2016. Rights groups put the total number of people who died much higher, in the tens of thousands, according to PBS.
There is an opportunity for the international legal and political system to be fixed based on new standards, justice that applies to all, and accountability that is expected from all.
International law is fighting for relevance. The outcome of this fight is likely to change the entire global political dynamics, which were shaped by World War II and sustained through the selective interpretation of the law by dominant countries.
In principle, international law should have always been relevant, if not paramount, in governing the relationships between all countries, large and small, to resolve conflicts before they turn into outright wars. It should also have worked to prevent a return to an era of exploitation that allowed Western colonialism to practically enslave the Global South for hundreds of years.
Unfortunately, international law, which was in theory supposed to reflect global consensus, was hardly dedicated to peace or genuinely invested in the decolonization of the South.
Instead of reconsidering their approach to Israel, and refraining from feeding the war machine, many Western governments lashed out at civil society for merely advocating the enforcement of international law.
From the invasion of Iraq and Afghanistan to the war on Libya and numerous other examples, past and present, the United Nations was often used as a platform for the strong to impose their will on the weak. And whenever smaller countries collectively fought back, as the U.N. General Assembly often does, those with veto power, military, and economic leverage used their advantage to coerce the rest based on the maxim, "Might makes right."
It should therefore hardly be a surprise to see many intellectuals and politicians in the Global South arguing that, aside from paying lip service to peace, human rights, and justice, international law has always been irrelevant.
This irrelevance was put on full display through 15 months of a relentless Israeli genocidal war on Gaza that killed and wounded over 160,000 people, a number that, according to several credible medical journals and studies, is expected to dramatically rise.
Yet, when the International Court of Justice (ICJ) opened an investigation of plausible genocide in Gaza on January 26, followed by a decisive ruling on July 19 regarding the illegality of the Israeli occupation of Palestine, the international system began showing a pulse, however faint. The International Criminal Court's (ICC) arrest warrants were another proof that West-centered legal institutions are capable of change.
The angry American response to all of this was predictable. Washington has been fighting against international accountability for many years. The U.S. Congress under the George W. Bush administration, as early as 2002, passed a law that shielded U.S. soldiers "against criminal prosecution" by the ICC, to which the U.S. is not a party.
The so-called Hague Invasion Act authorized the use of military force to rescue American citizens or military personnel detained by the ICC.
Naturally, many of Washington's measures to pressure, threaten, or punish international institutions have been linked to shielding Israel under various guises.
The global outcry and demands for accountability following Israel's genocide in Gaza, however, have once again put Western governments on the defensive. For the first time, Israel was facing the kind of scrutiny that rendered it, in many respects, a pariah state.
Instead of reconsidering their approach to Israel, and refraining from feeding the war machine, many Western governments lashed out at civil society for merely advocating the enforcement of international law. Those targeted included U.N.-affiliated human rights defenders.
On February 18, German police descended on the Junge Welt venue in Berlin as if they were about to apprehend a notorious criminal. They surrounded the building in full gear, sparking a bizarre drama that should have never taken place in a country that perceives itself as democratic.
The reason behind the security mobilization was none other than Francesca Albanese, an Italian lawyer, an outspoken critic of the Israeli genocide in Gaza, and the current United Nations special rapporteur on the occupied Palestinian territories.
If it were not for the U.N.'s intervention, Albanese could have been arrested simply for demanding that Israel must be held accountable for its crimes against Palestinians.
Germany, however, is not the exception. Other Western powers, lead amongst them the U.S., are actively taking part in this moral crisis. Washington has taken serious and troubling steps, not just to protect Israel, and itself, from accountability to international law, but to punish the very international institutions, its judges, and officials for daring to question Israel's behavior.
Indeed, on February 13, the U.S. sanctioned the ICC's chief prosecutor due to his stance on Israel.
After some hesitance, Karim Khan has done what no other ICC prosecutor had done before: issuing, on November 21, arrest warrants for two Israeli leaders, Prime Minister Benjamin Netanyahu and then-Defense Minister Yoav Gallant. They are currently wanted for "crimes against humanity and war crimes."
The moral crisis deepens when the judges become the accused, as Khan found himself at the receiving end of endless Western media attacks and abuse, in addition to U.S. sanctions.
As disturbing as all of this is, there is a silver lining, specifically an opportunity for the international legal and political system to be fixed based on new standards, justice that applies to all, and accountability that is expected from all.
Those who continue to support Israel have practically disowned international law altogether. The consequences of their decisions are dire. But for the rest of humanity, the Gaza war can be that very opportunity to reconstruct a more equitable world, one that is not molded by the militarily powerful, but by the need to stop senseless killings of innocent children.
Israel is being investigated for alleged genocide at the International Court of Justice, and Israeli Prime Minister Benjamin Netanyahu is a fugitive from the International Criminal Court.
In a Tuesday phone call with Israeli Prime Minister Benjamin Netanyahu, U.S. Secretary of State Marco Rubio highlighted the Trump administration's staunch support for Israel—which includes $4 billion in fresh fast-tracked military assistance—even as the key Mideast ally cuts off lifesaving humanitarian aid to Palestinians in the flattened Gaza Strip.
U.S. State Department spokesperson Tammy Bruce summarized Rubio's call with the right-wing Israeli leader, who is wanted by the International Criminal Court (ICC) for alleged war crimes and crimes against humanity in Gaza:
Rubio spoke with... Netanyahu to underscore that the United States' steadfast support for Israel is a top priority for President [Donald] Trump, as shown by the recent announcement to expedite the delivery of nearly $4 billion in military assistance to Israel. The secretary thanked the prime minister for his cooperation with Special Envoy Steve Witkoff to help free all remaining hostages and extend the cease-fire in Gaza. The secretary also conveyed that he anticipates close coordination in addressing the threats posed by Iran and pursuing opportunities for a stable region.
Rubio's call with Netanyahu, which followed the Republican secretary of state's visit to Israel last month, came just two days after Netanyahu's government halted all humanitarian aid from entering Gaza. People there are reeling after 15 months of Israeli bombardment, invasion, and siege that have obliterated the coastal enclave, killing at least 48,405 Palestinians, wounding more than 111,000 others, and forcibly displacing, starving, or sickening nearly all of the strip's approximately 2.3 million people, according to local and international agencies.
Netanyahu said the aid suspension was carried out "in full coordination with President Trump and his people."
On Monday, Israeli Defense Minister Israel Katz threatened that "the gates of hell will be opened" on Gaza if Hamas, which rules the strip, does not free the dozens of Israeli and international hostages it kidnapped on October 7, 2023. Hamas has delayed their release due to what it claims are hundreds of Israeli violations of a January cease-fire agreement, including deadly attacks on civilians and the aid cutoff.
Katz, Netanyahu, and other Israeli leaders are among those named in an incitement to genocide complaint filed in January at the ICC by Israeli attorney Omer Shatz. Israel is also under investigation for alleged genocide at the International Court of Justice.
Bruce's description of the Rubio-Netanyahu call does not mention the Palestinians or Gaza.
Last month, Trump
proposed a U.S. invasion and takeover of Gaza, which would be ethnically cleansed of Palestinians and transformed into what the president described as "the Riviera of the Middle East."