TWO former leaders are currently being held by two international tribunals for their crimes against their people. Rodrigo Duterte, a former president, is being held by the International Criminal Court (ICC) for the alleged murder of between 12,000 to 30,000 persons in his bloody but failed war on drugs during his incumbency. Their deaths occurred mostly during the period 2016-2019, the first three years of his six-year presidential term.
Unlike Duterte, Felicien Kabuga was not a president but a businessman, who is being held by the International Residual Mechanism for Criminal Tribunals (IRMCT), an international court established by the United Nations Security Council to carry out the residual functions of the International Criminal Tribunal for Rwanda (ICTR) and the International Tribunal for the former Yugoslavia (ICTY). It was formed because the ICC was non-existent when his alleged crimes were committed in 1995.
Kabuga faces genocide charges for funding Hutu militias and acquiring the machetes the Hutu tribesmen used to kill at least 800,000 of Tutsis, their rival tribesmen, in a violent confrontation of the two dominant tribes in the African state of Rwanda. Their specific cases involve international prosecution. Duterte faces crimes against humanity before the ICC.
Duterte used the Philippine National Police (PNP) to kill people, who were suspected as being drug users and pushers. Hooded masked men believed to be anti-drug vigilantes helped the involved police officers to kill suspects. They were allegedly summarily executed denying them due process of law. In most cases of extrajudicial killings (EJKs), law enforcers claimed the “Nanlaban” (they fought back) narrative, which were largely unbelievable.
There are parallelisms in Duterte and Kabuga’s cases, but they are not identical. They have evaded accountability. Upon the advice of his equally ill-informed advisers, including fugitive from law Harry Roque, his former presidential spokesman, Duterte decided in 2018 for the unilateral withdrawal of the Philippines from the Rome Statute, the international treaty that created the ICC in 2001. It is a decision that has backfired on Duterte, when it has taken effect in 2019, as he could not avail of remedial measures available for ICC member-states.
Duterte used the withdrawal card to claim in every turn that because of the country’s withdrawal from the Rome Statute, the ICC, ergo, loses its jurisdiction over the Philippines. Hence, Duterte is free. The ICC has a single reply: the ICC has jurisdiction on the crimes against humanity that Duterte committed, when the Philippines was an ICC member-nation and this covers the period Nov. 11, 2011 until March 19, 2019. His ICC case is ongoing.
On the other hand, Kabuga did not raise any legal argument unlike Duterte. He went into hiding for 26 years until he was arrested on May 16, 2020, in Asnières-sur-Seine, near Paris, France. Kabuga was living under a false identity, although he had a $5 million bounty on his head from the U. S., although an ICC non-member, took an inordinate interest in his case.
Kabuga evaded arrest and became a fugitive. His arrest was attributed to the joint efforts of the French authorities and IRMCT. The Interpol and law enforcers from Rwanda, Belgium, and the U.S. helped to ensure his arrest. After his arrest, Kabuga was detained in France before being transferred to the IRMCT’s custody at The Hague on Oct. 26, 2020. He was indicted on charges of genocide, direct and public incitement to commit genocide, conspiracy to commit genocide, and crimes against humanity.
Kabuga’s trial was suspended in 2023 due to his dementia diagnosis, which rendered him unfit to stand trial. As of 2025, he remains in detention at the United Nations Detention Unit in The Hague. Given these similarities and differences, their cases can be used as reference points to understand the complexities of international prosecution.
Citing reports of his medical examinations, Kabuga suffers vascular dementia and Alzheimer’s disease. IRMCT judges have ruled he was no incapable of meaningful participation in his trial. But Kabuga was not returned to Rwanda for fear of reprisals from his enemies . The IRMCT has been kept in detention at The Hague, while awaiting further proceedings at the IRMCT.
Kabuga’s transfer to Rwanda has been requested by the IRMCT Prosecutor’s Office, as Rwanda has expressed willingness to accept him. Kabuga’s stay in The Hague continues for now due to his medical condition. The verdict to suspend the trial disappoint victims and survivors of the Rwandan genocide, who have waited years for justice. The IRMCT thought of alternative procedures, but ruled that they would not be suitable in Kabuga’s case.
Kabuga’s case highlights the importance of accountability for crimes against humanity, regardless of the position or influence of people who commit it. His arrest and trial demonstrate the importance of international cooperation to bring perpetrators to justice. His case shows the difficulties in prosecuting high-profile individuals, including the need for strong evidence and the challenges of ensuring a fair trial.
While Kabuga’s case is specific to the Rwandan genocide, some lessons can be drawn to apply to Duterte. First, international pressure and timely cooperation play a significant role to bring perpetrators to justice, as seen in Kabuga’s case. The Dutertes, through Rodrigo’s lawyer, have been frequently playing up – repeatedly to the point of annoyance – but to no avail the withdrawal card.
Another lesson is the preservation of evidence and the importance of documentation. These two matters have been helpful and crucial to build up strong cases against Duterte. The ability of human rights groups and adherents to perform the evidence gathering and documentation have been most palpable and helpful in their pursuit of crimes against humanity charges against Duterte and his minions.
The issue is not limited to Rodrigo Duterte alone. The issue extends to Ronald dela Rosa, who implemented the war on drugs, and Christopher Lawrence Go, who provided the funds for the reward system of this war on drugs. Theri arrest warrants could go out before end-2025. Ex-Sen. Antonio Trillanes IV has been vocal in his expectation of their arrest orders.
