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As wars and violations of human rights continue worldwide, international order based on the rule of law will collapse if those who trample the law go unpunished.
The international community, including Japan, should support international judicial bodies such as the International Criminal Court, which are trying to fulfill their missions by resisting the trend of disregarding international law.
Former Philippine President Rodrigo Duterte, for whom the ICC had issued an arrest warrant, has been arrested by local police. He was then transferred to The Hague in the Netherlands, where the ICC’s court is located, and hearings have begun.
Duterte is known for having carried out measures against drug crimes as president, and earlier as mayor of Davao in the southern Philippines. However, there have allegedly been many cases of his private assassination squads killing suspects without evidence or judicial proceedings, resulting in more than 6,000 victims.
The ICC had been investigating this series of actions by him on suspicion that they constituted crimes against humanity under international law.
The Philippines opposed the investigation and withdrew from the ICC in 2019 under the Duterte administration. However, current President Ferdinand Marcos Jr., his successor, has shifted to a stance of allowing the ICC investigation. Behind this is believed to be Marcos’ feud with Duterte’s daughter, Vice President Sara Duterte.
Despite these special circumstances, this case demonstrates the weight of ICC arrest warrants. It is an example of even a nonmember country cooperating of its own accord in the detention of an individual as long as the ICC arrest warrant has not been revoked.
The ICC has also issued arrest warrants for Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu regarding Russia’s aggression against Ukraine and the conflict in the Palestinian territory of Gaza. However, both countries are nonmembers, and the warrants have therefore not been executed.
President Donald Trump of the United States, another nonmember state, signed an executive order imposing sanctions on ICC prosecutors and others involved in the investigation of Netanyahu. Last September, ICC member state Mongolia accepted Putin’s visit.
The actions of these countries undermine the authority of the international tribunal and cannot be ignored. On the other hand, Japan has positioned the rule of law as a pillar of its diplomacy and has supported the ICC and the International Court of Justice (ICJ), which handles disputes between countries.
Tomoko Akane has served as the ICC’s president since March last year, and Yuji Iwasawa was elected president of the ICJ this March. Both were elected by their fellow judges, reflecting those judges’ trust in Japan.
However, when about 80 countries, including the United Kingdom, issued a joint statement criticizing the U.S. sanctions against the ICC, Japan did not join, out of consideration for the United States, causing widespread disappointment. Japan must recoup losses by maintaining its stance of complying with the law.
