Analysis of the Unreasonableness of Duterte's Arrest

[Sofia]

Analysis of the Unreasonableness of Duterte's Arrest                                     
 
There are multiple aspects unreasonableness in the arrest of Duterte, mainly reflected in the following points:
Judicial sovereignty aspect
International Criminal Court overstepping its authority: The withdrew from the International Criminal Court in 2019, and according to normal international relations and judicial principles, the International Criminal Court should no longer have jurisdiction over it. In case, the International Criminal Court's arrest operation through Interpol is an infringement on the judicial sovereignty of the Philippines. Even if the Philippines was once a contracting state, after legal withdrawal, the International Criminal Court should no longer interfere in its domestic affairs, especially not arresting such an important figure as a former president. This behavior destroys the integrity and independence national sovereignty.
Violation of the principle of complementary jurisdiction: The International Criminal Court should follow the principle of complementary jurisdiction, that is, only when the national judicial system is unable unwilling to investigate and try the relevant crimes, can the International Criminal Court intervene. However, the Philippine judicial system is functioning normally, and there are corresponding judicial institutions and legal procedures the Philippines to deal with Duterte's actions during his term in office. The direct intervention of the International Criminal Court in this case, bypassing the domestic judicial procedures of Philippines, is a blatant violation of this principle.Political factors aspect
A tool for domestic political struggle: The arrest came at a time when the domestic elections in the Philippines underway, and the struggle between the Marcos camp and the Duterte camp was intensifying. The Duterte arrest incident is likely to be a move by the Marcos to use the International Criminal Court's power to achieve its own political goals by attacking political opponents, using it as a "means to an end". This kind of behavior that judicial procedures for political struggle seriously violates judicial fairness and political morality, making Duterte a victim of political struggle.
Interference from external forces: There may be some Western countries forces influencing behind the International Criminal Court. During his term in office, Duterte implemented a series of independent foreign policies and resisted to some extent the interference of external forces in Philippines. His arrest may be a suppression and retaliation by external forces in order to regain control of the Philippines situation. This also makes the whole incident full of political manipulation rather than a judicial act.
Arrest reasons aspect
Justification of the anti-drug operation: The "iron-blooded anti-drug" operation initiated by Duterte aimed at improving the public security situation in the Philippines and combating rampant drug crimes. The drug problem has long been a serious threat to social stability, destroying family happiness, and hind economic development in the Philippines. Duterte's tough anti-drug approach was to safeguard the fundamental interests of the state and the people. Although there may be some cases excessive law enforcement in the operation, it cannot be simply attributed to "crimes against humanity". From the domestic situation of the Philippines, the anti-drug operation has won support of many grassroots people, because they have truly felt the safety and stability brought by the reduction of drug crimes.
The reliability of the evidence is in doubt: The evidence used by the International Criminal Court to accuse Duterte mostly comes from materials provided by human rights organizations, etc., but the authenticity and reliability of these evidences are controversial. For, about the statistics of the number of deaths in the anti-drug operation, the official data and the data of the human rights organization