The ICC Must Dismiss Duterte’s Case to Preserve Its Credibility

International institutions are only as strong as their legitimacy. When they allow themselves to be used as instruments of political persecution, they undermine their own authority and hasten their irrelevance. The International Criminal Court (ICC) now faces this existential test: to dismiss the case against former President Rodrigo Duterte or to risk being seen as complicit in a state-sanctioned kidnapping orchestrated by the Bongbong Marcos Jr. administration.

The misuse of a mere “Diffusion notice” to justify Duterte’s arrest and transport to The Hague is an alarming precedent. Unlike a Red Notice—Interpol’s highest alert, which still does not equate to an arrest warrant—a Diffusion notice is merely a request for information-sharing. It does not carry legal weight, nor does it mandate any law enforcement action. That the Marcos administration leveraged this weak instrument to detain and remove a former head of state exposes the political motivations behind the move.

This is not a pursuit of justice but an attempt to eliminate a political rival. The Marcos regime, long threatened by Duterte’s enduring popularity and influence, has found in the ICC a convenient mechanism to sideline him. The implications are dangerous: if an international tribunal allows itself to be manipulated by an authoritarian government for domestic power plays, it ceases to be a court of law and becomes a tool for regime change.

The ICC must recognize the gravity of this moment. If it proceeds with Duterte’s case under such dubious circumstances, it will not only fail in its mission but also reinforce the perception that it is a selective instrument of Western influence—one that can be exploited by local elites for their own ends. If it seeks to preserve what remains of its credibility, the only logical course of action is dismissal.

A legal institution that fails to uphold due process is no longer a legal institution—it is a political weapon. The ICC must decide whether it serves justice or the whims of those in power.

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