The International Criminal Court (ICC) has initiated proceedings against former Philippine
President Rodrigo Duterte, focusing on alleged crimes against humanity linked to his "war on
drugs" campaign. To analyze this case effectively, consider the following questions:
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1. Jurisdictional Validity: Given the Philippines' withdrawal from the ICC in 2019, does
the court retain jurisdiction over alleged crimes committed prior to this withdrawal?
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2. Complementarity Principle: Have Philippine authorities conducted genuine
investigations and prosecutions concerning the alleged crimes, thereby potentially
challenging the ICC's admissibility under the principle of complementarity? The
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3. Arrest and Transfer Legality: Were the procedures followed in Duterte's arrest and
transfer to the ICC in compliance with both Philippine and international law? Reuters
4. Evidence Integrity: What is the nature and reliability of the evidence linking Duterte to
the alleged crimes, and how was this evidence obtained? Reuters
5. Political Implications: How might domestic political dynamics within the Philippines
influence the proceedings and perceptions of the ICC's actions?
6. Victims' Perspectives: How are the victims and their families involved in the ICC
process, and what impact does this case have on their pursuit of justice? The Guardian
7. International Cooperation: To what extent are other nations and international bodies
supporting or opposing the ICC's actions in this case?
8. Precedent for Future Cases: What implications might this case have for the ICC's
ability to prosecute former heads of state accused of similar crimes?The
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Click the link for additional information. Choose two questions that you may
answer. Provide possible national and international laws that support your
answers. (40pts.)
RUBRIC:
20-19: Discussions and analysis were fully supported with laws and
regulations.
18-16: Discussions and analysis were somewhat supported by laws and
regulations.
15-11: Few of the discussions and analysis were supported with laws and
regulations.
10-1: Missed or Did NOT answer the questions.