Current and past heads of state will not have immunity for alleged crimes when they are before an international criminal tribunal, said former International Criminal Court (ICC) judge Raul Pangalangan.

This comes as former Philippine President Rodrigo Duterte was taken into custody by the ICC in The Hague on Wednesday (Mar 12) to face murder charges over his signature war on drugs campaign. 

The 79-year-old, who was earlier arrested in Manila on Tuesday, could become the first Asian former head of state to go on trial at the ICC.

The ICC believes there are "reasonable grounds" to charge Duterte with murder as a crime against humanity, as an "indirect co-perpetrator" during his anti-drugs crackdown that saw thousands of purported dealers and users killed under mysterious circumstances. 

“DRUG WAR” KILLINGS

Pangalangan, who served in the ICC from 2015 to 2021, said international criminal law has evolved “to bring the highest leaders of governments to be accountable for their actions”. 

“There is no such thing as head of state immunity, and there is no immunity that attaches to the acts committed by, in this case, President Duterte, even at the time when he was president,” he told CNA’s Asia First on Thursday. 

Duterte, who arrived at Rotterdam The Hague Airport on a chartered plane on Wednesday, will be brought before an ICC judge in the coming days for an initial appearance, during which the allegations will be detailed in cour...