The Hague – Former Philippine President Rodrigo Duterte declined to appear Monday at the International Criminal Court (ICC) as confirmation of charges hearings began against him, stemming from the deadly “war on drugs” he oversaw during his time in office. The prosecution accuses Duterte of three counts of crimes against humanity related to the campaigns conducted between 2011 and 2019, both as mayor of Davao City and as president of the Philippines.
Duterte’s legal team argued before the court that any use of force authorized by their client was done in “self-defense,” according to reports. However, prosecutors contend he was an “indirect author” of murders and attempted murders in an operation that the Philippine government acknowledges resulted in the deaths of 6,252 people. The United Nations, in 2020, estimated the total death toll to be at least 8,663. The case centers on allegations of a widespread and systematic attack against the civilian population, initially in Davao and later nationwide, whereas Duterte was in power.
Defense Cites Self-Defense, Accusations of Bias
During the proceedings, Duterte’s lawyers framed the former president as a leader responding to a serious threat, emphasizing the need for strong measures to combat illegal drugs. Nicholas Kaufman, representing Duterte, described his client as “a man of the people who speaks in their language, without the nuances of diplomacy.” Kaufman suggested the case against Duterte was fueled by non-governmental organizations (NGOs) and media outlets seeking to sensationalize the issue, claiming a campaign was funded to gather evidence and portray a negative image. He asserted that the evidence presented would demonstrate that Duterte’s statements regarding the drug war consistently referenced self-defense, not incitement to kill.
The prosecution, however, presented a different narrative, alleging that Duterte “authorized the killings, designated those who had to execute his orders and said publicly that he would do it himself, when he was mayor of Davao,” as stated by Deputy Prosecutor Mame Mandiaye Niang. The ICC is evaluating whether there is sufficient evidence to believe Duterte committed the crimes he is accused of, and will decide within 60 days whether to proceed with a formal trial.
Scale of Alleged Crimes and Victim Impact
The charges against Duterte detail nine incidents in Davao resulting in at least 19 extrajudicial executions. As president, prosecutors allege at least five further incidents linked to 14 killings of suspected drug offenders across the country. Approximately 30 incidents involving 45 other murders and attempted murders occurred during “cleansing operations” in villages and neighborhoods throughout the Philippines. Human Rights Watch estimates that as many as 30,000 extrajudicial killings may have occurred during the period in question.
The ICC has admitted the participation of 539 victims through their legal representatives. Joel Butuyan, one of the lawyers representing the victims, emphasized the ongoing pain and suffering of families affected by the killings, stating, “there is no peace or rest for the families of the murdered.” Families have reported continued harassment and intimidation, even as Duterte remains in provisional detention following his arrest in Manila on March 11, 2025, after an arrest warrant issued by the ICC was executed through Interpol.
Duterte’s Absence and Political Future
Duterte, who does not recognize the ICC’s authority, submitted a letter stating he was “ancient, tired and frail” and would “forget” the proceedings quickly. He claims he was “kidnapped” upon his arrest. His daughter, Sara Duterte, the current Vice President of the Philippines, has announced her intention to run for president in 2028, signaling a potential continuation of the family’s political influence.
The prosecution highlighted Duterte’s repeated warnings, both as mayor and president, that he would kill those connected to the drug trade. “The ICC cannot reunite victims with their loved ones, but it can deliver justice,” Niang stated. However, victims’ advocates warn that a climate of impunity persists in the Philippines, with reports of continued harassment against families who speak out. Llore Pasco, a 71-year-old whose two sons were killed in May 2017, shared her story, emphasizing the need for a trial to reveal the full extent of the atrocities.
Next Steps in the ICC Investigation
The ICC’s preliminary examination phase will determine if there are sufficient grounds to believe Duterte committed the alleged crimes. If the judges uncover sufficient evidence, a formal trial could be opened within 60 days. The court’s proceedings are being closely watched by international human rights organizations and families seeking accountability for the deaths that occurred during Duterte’s “war on drugs.” Updates on the case, including future hearing dates and filings, can be found on the ICC website.
The pursuit of justice in this case is a complex and sensitive matter. If you or someone you know has been affected by violence or trauma, resources are available. You can reach the Crisis Text Line by texting HOME to 741741, or call the National Alliance on Mental Illness (NAMI) helpline at 1-800-950-NAMI (6264).
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