Duterte’s Antics in the ICC: Is He Worth Salvageable?
For years, Rodrigo Duterte thrived on bravado. His image as the tough-talking, no-nonsense leader who could bend institutions to his will was central to his political brand. But now, facing the International Criminal Court (ICC), stripped of power and privilege, we see a different Duterte—one that appears frail, hesitant, and fearful.
It is a stark contrast to the man who once boasted about ordering killings, cursed world leaders, and swore he would never be held accountable by an international body. His sudden frailty, his legal team’s desperate maneuvers, and the insistence that his transfer to ICC custody was akin to kidnapping all suggest an attempt to elicit sympathy. But the question remains: is this performance convincing? And more importantly, is it salvageable?
Theatrics for a Domestic Audience
Duterte’s legal team, led by former spokesperson Harry Roque, is making a predictable argument: that the Philippines’ withdrawal from the Rome Statute in 2019 nullifies the ICC’s jurisdiction. But the law is clear—under Article 127(2) of the Rome Statute, crimes committed while the Philippines was still a member (from 2011 to 2019) remain within the court’s purview.
Legal experts know this. Duterte’s defenders know this. Even Duterte likely knows this. Yet, his allies persist, not necessarily because they believe they can win in court, but because they are appealing to a domestic audience.
Duterte’s performances—his trembling hands, weak voice, and uncharacteristic silence—are not aimed at the ICC judges. European prosecutors do not care for theatrics; they care about evidence and procedure. The real audience is back home in the Philippines, where his supporters still cling to the myth of “Tatay Digong,” the fearless warrior against crime and corruption.
Kyle Parada puts it succinctly: “Let’s get one thing clear, those theatrics weren’t for the ICC. It wasn’t for the ‘whites’ who care nothing about the country’s politics and have already made their judgment. No, Medialdea’s manifestation and the old man’s performance were for a more domestic audience.”
The Myth of Fearlessness, Exposed
For years, Duterte’s defenders have painted him as a man who fears nothing. He would, they claimed, slap ICC judges if they dared come after him. He would, they insisted, rather die than surrender. Yet, when the moment of reckoning arrived, Duterte did not slap anyone. He did not hurl expletives at the court. Instead, he looked visibly shaken, muttering in a feeble voice.
As Carlo P. Carlon put it: “For the first time, we saw ‘Tatay Digs’ looking scared. His voice was trembling, and it seemed like his tongue shrank. The courage disappeared. I thought he would slap and kick the judges. But he just showed typical bully behavior—he backed down when faced with someone stronger.”
“What you need to realize, DDS, is that the myth of your brave and fearless ‘Tatay’ is just that—a myth. His tough act was just a front, and he is actually a coward.”
What we are witnessing is not just the fall of Duterte’s legal defense but the collapse of his entire public persona. The tough-guy image that once commanded fear and admiration is disintegrating before our eyes. Florin Hilbay captures it best: “With Rody’s deflated self in full display, the world witnessed the real person behind the persona.”
The Limits of Political Theater
Of course, we have seen this strategy before. From Ferdinand Marcos in his dying days to Joseph Estrada’s hospital visits during his plunder trial, Philippine politicians have long used physical weakness as a shield against accountability. The playbook is old: appear frail, claim mistreatment, and hope that public sentiment turns in your favor.
But this time, it may not work. The ICC is not a local court susceptible to political pressure. It does not operate based on media narratives or popular opinion. Unlike Senate hearings or domestic trials where Duterte could grandstand, the ICC functions on rigorous legal processes that are immune to sentimental appeals.
Moreover, as Iloilo Representative Janette Garin pointed out, Duterte’s allies are spreading misleading claims about his supposed mistreatment in custody.
“I was really surprised when I saw the news yesterday, when the former executive secretary said that Duterte was not being given medicine or food, that he was very weak and needed to be brought to a hospital… and that he was allegedly missing,” Garin said.
Having worked with the Dutch government, Garin dismissed these allegations outright. “I know that the ICC is a straightforward institution. When it comes to matters like health, they are very considerate.”
She also suggested that Medialdea’s statements might be a deliberate ploy to stir public emotions. “It’s either one of two things,” she said. “Maybe he is not thinking straight because of his emotions… or it could be intentional, to ignite the emotions of the people.”
Duterte’s Next Move: A Final Gambit?
Duterte’s options are dwindling. The legal arguments against ICC jurisdiction have been exhausted. The claim that he is being mistreated has been debunked. His apparent frailty, while effective for short-term sympathy, will not halt the proceedings.
So what is left?
His final gambit is to turn this into a political battle rather than a legal one. By framing his ICC ordeal as a foreign attack on Philippine sovereignty, his camp hopes to rally nationalist sentiment. We can expect more appeals to emotion, more conspiracy theories, and more attempts to paint him as a victim.
But at this point, Duterte is no longer in control. The court’s process will continue regardless of his theatrics. As Ninotchka Rosca bluntly put it: “He’s done for. Get used to it.”
The question now is not whether Duterte can escape accountability—he likely cannot. The real question is whether his final performance will be enough to secure a political future for his children and allies.
For Duterte himself, the show may be over. But for his supporters, the script is still being written. The real test is whether the Filipino people will buy into yet another performance.