The International Criminal Court (ICC) on Monday began four days of confirmation of charges hearings to determine whether former Philippine president Rodrigo Duterte should stand trial for alleged crimes against humanity linked to his administration’s anti-drug campaign.
The proceedings will assess whether prosecutors have presented sufficient evidence to proceed to a full trial. Judges are expected to issue a written decision within 60 days after the hearings conclude.
Duterte, 80, was not present in court after judges granted a defense request to waive his appearance, despite ruling he was fit to participate.
Prosecution: ‘No one is above the law’
Opening the hearing, ICC Deputy Prosecutor Mandiaye Niang said the case represents a significant moment for international justice and for victims of the Philippines’ war on drugs.
“Today marks an important day for international justice, for the people of the Philippines, for the victims, and for this court,” Niang said, emphasizing that no individual, regardless of position, is above the law.
Prosecutors allege that Duterte orchestrated and endorsed a widespread and systematic campaign of extrajudicial killings (EJKs) during his time as mayor of Davao City and later as president.
The charges cover incidents from Nov. 1, 2011 to March 16, 2019, involving 49 incidents and 78 deaths, including children.
Duterte faces multiple counts of murder and attempted murder as crimes against humanity, structured into three counts:
Count One: Murder of 19 individuals, including three children, in or around Davao City between 2013 and 2016, allegedly carried out by members of the so-called Davao Death Squad (DDS).
Count Two: Murder of 14 alleged “high-value targets” across the Philippines between July 2016 and July 2017.
Count Three: Murder and attempted murder of 45 victims during nationwide anti-drug operations between July 2016 and September 2018.
Prosecutors argue Duterte is criminally liable as an indirect co-perpetrator and, alternatively, for ordering, inducing, or aiding and abetting the crimes. They allege he designed and promoted a policy of “neutralizing” suspected criminals, supervised anti-drug operations, provided logistical and financial support, publicly named targets, and made statements encouraging killings.
Evidence cited includes witness testimonies, official documents, financial records, and audiovisual materials.
Victims’ Lawyer: ‘Last boat’ for justice
Filipino human rights lawyer Joel Butuyan, who represents 497 victims, expressed disappointment over Duterte’s absence from the courtroom.
He described the ICC process as the victims’ “last boat” for justice, arguing that domestic avenues in the Philippines are effectively closed.
Butuyan cited statements by former Justice secretary and current Ombudsman Jesus Crispin Remulla, claiming key evidence related to the drug war had been erased.
Defense pushes back
Duterte’s lead counsel, Atty. Nicholas Kaufman, said the confirmation stage is a preliminary process to determine whether sufficient evidence exists — not a trial.
“The defense’s role is not to prove innocence,” Kaufman said in a statement, “but to challenge the prosecution’s evidence.”
He added that Duterte suffers from severe short-term memory loss but retains long-term recollections, and that the legal team continues to meet with him regularly.
Former presidential chief legal counsel Salvador Panelo said he traveled to The Hague as a friend to offer moral support, clarifying he is not part of the formal defense team.
Protests, security heightened
Outside the ICC building in The Hague, rival groups of demonstrators gathered as the hearings began.
In the Philippines, the Philippine National Police (PNP) placed its units on heightened alert to prepare for possible mass gatherings.
PNP chief Gen. Jose Melencio Nartatez Jr. said security measures are intended to ensure peaceful assemblies and maintain public order.
What happens next?
After the conclusion of the hearings, ICC judges will deliberate and decide within 60 days whether to confirm the charges. If confirmed, the case will move to a full trial.
The decision could mark a significant turning point in efforts to seek accountability for thousands of deaths linked to the Philippines’ controversial war on drugs and test the reach of international justice over a former head of state.
