The recent arrest of former Philippine President Rodrigo Duterte marks a significant milestone for the International Criminal Court (ICC). This development is not only a welcome success but also a much-needed boost for the ICC, which has been facing numerous challenges and criticisms. The fact that this is the ICC’s first arrest since 2022 underscores the significance of this event.
However, it’s essential to acknowledge that the ICC’s situation remains precarious. The Court has been struggling due to poor case selection, focusing excessively on unrealistic cases against Heads of State and other leaders. This approach has led to minimal results and maximal resistance from States parties and third States.
To overcome these challenges, the ICC must reassess its strategy and focus on becoming more effective. Rather than prioritizing high-profile cases, the Court should concentrate on building a strong foundation of successful prosecutions. This can be achieved by selecting cases that have a reasonable prospect of success and focusing on situations where cooperation from States is more likely.
The ICC’s Office of the Prosecutor (OTP) plays a crucial role in this process. The OTP must adopt a more realistic approach, recognizing that it cannot prosecute everyone and therefore must be selective in its focus. By prioritizing cases that can achieve results, the OTP can help establish the ICC as a credible and effective institution.
It’s also important to note that the ICC’s legitimacy is not solely dependent on the high status of its defendants. Effective international criminal law enforcement demands realism, patience, and humility. The ICC should focus on quietly building a line of high-quality cases that contribute to an increasing body of convictions for international crimes.
Ultimately, the ICC’s success will depend on its ability to adapt and evolve. By learning from its mistakes and adopting a more strategic approach, the Court can overcome its current challenges and become a more effective and respected institution. The arrest of Rodrigo Duterte is a positive step in this direction, but it’s only the beginning.
