The recent arrest of ex president Duterte, following a red-alert notice issued by Interpol, has brought the Marcos-Duterte rift into sharp focus. This development underscores the deepening political divide between the Marcos and Duterte camps, which began as a strategic alliance during the 2022 elections but has since unraveled due to conflicting interests and priorities.
The rift became increasingly public in recent months, with the Dutertes criticizing the Marcos administration's policies, particularly its stance on the International Criminal Court (ICC) and its handling of the West Philippine Sea issue. On the other hand, the Marcos administration has distanced itself from the Duterte-era "war on drugs," which has drawn international scrutiny and allegations of human rights violations.
The arrest of Duterte raises questions about the role of the Rome Statute's Article 59, which governs the arrest and surrender of individuals to the ICC. While the Philippines officially withdrew from the ICC in 2019, the ICC retains jurisdiction over crimes committed while the country was still a member (up to March 2019). Duterte could theoretically invoke Article 59 to challenge the legality of his arrest, but its applicability remains uncertain given the Philippines' withdrawal and the ICC's limited enforcement mechanisms in non-member states.
As for President Marcos Jr., his ability to prevent the arrest is debatable. While he holds significant influence domestically, the involvement of Interpol and international legal frameworks complicates the matter. Some speculate that the deepening rift between the two families may have influenced Marcos Jr.'s decision not to intervene, but there is no concrete evidence to support this claim. It is equally plausible that the administration is prioritizing adherence to international legal processes to maintain the Philippines' standing in the global community.
This situation highlights the complexities of Philippine politics and the challenges of navigating international legal systems. It also serves as a reminder of the importance of accountability and the rule of law, regardless of one's political stature.
Let us approach this issue with a critical yet open mind, recognizing that the truth often lies somewhere in the gray areas. As citizens, we must demand transparency and justice while remaining vigilant against the politicization of such significant events.