The Foreign Desk Is it worth prosecuting the powerful?
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Feb 14, 2026 Kevin Jon Heller, international law professor who has defended accused at tribunals. Steve Crawshaw, journalist and author focused on prosecuting leaders. Diane Desierto, human rights law professor and practitioner from the Philippines. They discuss referring Duterte to The Hague, challenges of proving crimes like genocide, how prosecutions shape political culture, defense strategies and where trials should be held.
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Platform Asymmetry Between Accused And Victims
- Defendants often retain broad access to platforms regardless of trial location, while victims lack similar resources.
- Desierto warns trials don't deprive accused of speech but can amplify victims' voices when impartial.
Trials Can Rebuild Rule-Of-Law Confidence
- International trials can remind citizens that no one is above the law and counter climates of fear.
- Desierto hopes ICC proceedings will restore constitutional protections and civic confidence in the Philippines.
Meeting Milosevic Before His Fall
- Steve Crawshaw recalls meeting Slobodan Milosevic who seemed confident he would never face justice.
- Crawshaw notes how political fortunes can reverse and leaders once untouchable can be delivered to The Hague.
