MANILA, Philippines โ When the International Criminal Court (ICC) denied former president Rodrigo Duterteโs bid for interim release, his supporters were quick to decry the tribunal as a โkangaroo court.โ The term made rounds on social media, often used as shorthand for perceived foreign meddling or political bias.
But hereโs the question: Do they actually know what a kangaroo court is โ and why the ICC is not one?
What a โkangaroo courtโ really means
A kangaroo court is not just an โunfair court.โ It refers to an illegitimate tribunal that disregards recognized standards of law; denies the accused due process; predetermines the verdict; and often operates under political pressure or agenda.
The term dates back to the 19th century, used to describe sham trials in frontier towns or under authoritarian regimes.
In simple terms, a kangaroo court is a fake court with a fixed outcome.
Why the ICC is the complete opposite
Duterteโs critics and legal experts point out that calling the ICC a โkangaroo courtโ ignores how the tribunal actually works.
Hereโs why the comparison doesnโt hold water:
1. It is a treaty-based institution with clear rules
The ICC operates under the Rome Statute, an international treaty ratified by 124 countries. Its rules of procedure, evidence, and appeals are laid out in detail.
A kangaroo court has no legal framework โ just the whims of its operators.
2. Duterte has been able to file appeals and challenge rulings
The Philippinesโ withdrawal from the ICC in 2019. But
the court has consistently allowed Duterteโs legal team to file motions, challenge jurisdiction, appeal decisions, and request interim release.
The denial of his interim release came after a full review by the Appeals Chamber.
A kangaroo court does not entertain appeals.
3. Judges are independent, vetted, and elected
ICC judges come from different regions and legal traditions. They are elected through a secret ballot by the Assembly of States Parties.
A kangaroo court typically has handpicked judges meant to validate a predetermined outcome.
4. Decisions are public and reasoned
The ICC publishes its rulings, including explanations for decisions such as denying Duterteโs interim release. Proceedings are transparent.
Kangaroo courts operate in secrecy, staging trials for show.
5. The accusedโs rights are protected at every step
The ICC upholds presumption of innocence, right to counsel, right to present evidence, right to appeal, and right to humane treatment.
These are the very things kangaroo courts are designed to ignore.
So why call it a โkangaroo courtโ?
The label persists because it fits a political narrative โ one that paints Duterte as the victim of foreign persecution and rallies his base against perceived external interference.
Itโs a powerful slogan, but legally inaccurate.
The bottom line
Calling the ICC a โkangaroo courtโ may make for an effective political rallying cry, but it has no basis in how the court actually functions.
The tribunal follows a consistent, rule-based process โ the very opposite of a sham or predetermined trial.
The denial of Duterteโs interim release is not evidence of injustice. If anything, it shows the ICC applying due process exactly as designed.
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