The International Criminal Court (ICC) has commenced a confirmation of charges hearing for former Philippine President Rodrigo Duterte, examining allegations of crimes against humanity linked to the country’s controversial “war on drugs.” The hearing, which began on , in The Hague, aims to determine whether sufficient evidence exists to proceed to a full trial.
The ICC is investigating alleged crimes committed between , and . Prosecutors allege that Duterte and his co-perpetrators engaged in a “common plan to neutralise alleged criminals in the Philippines…through violent crimes, including murder.” The charges center around three key areas: killings in Davao City during Duterte’s time as mayor and vice mayor; murders of so-called “high-value targets” during his presidency; and deaths and attempted murders during barangay (local administrative division) clearance operations under his leadership.
The confirmation hearing is a pivotal step, according to Presiding Judge Iulia Antoanella Motoc, who emphasized that the court will not be making any judgments regarding Duterte’s guilt or innocence at this stage. The purpose is solely to assess whether “substantial grounds to believe” exist that he committed the crimes as charged.
An arrest warrant for Duterte was issued under seal on , and reclassified four days later. The 80-year-old former president, who previously served as Mayor and Vice Mayor of Davao City, has maintained his innocence and does not recognize the ICC’s authority, according to his legal counsel. He waived his right to be present at the hearing.
The “war on drugs,” launched during Duterte’s tenure as mayor of Davao and intensified upon his election as president in 2016, drew widespread international condemnation. Human rights groups estimate that tens of thousands of people were killed during the campaign, often without due process. Duterte himself, in statements that sparked further outrage, indicated a willingness to authorize widespread violence against drug users and dealers.
The ICC’s investigation was prompted by a preliminary examination opened in . The current hearing represents a significant escalation in the pursuit of accountability for alleged human rights violations committed during the period in question. The Fédération internationale pour les droits humains (International Federation for Human Rights) has described the hearing as a “long-denied chance for justice” for the victims of the “war on drugs.”
The proceedings in The Hague have resonated within the Philippines, where families of victims have gathered to watch live streams of the hearings. Demonstrators have called for Duterte to be held accountable for the alleged crimes. A mother of a victim of the anti-drugs crackdowns was observed watching the proceedings, while activists held pictures of the former president and signs reading “Hold Duterte accountable.”
The ICC prosecutor, Mame Niang, argued that Duterte’s “war on drugs” resulted in the killings of thousands of civilians, including children, and called for him to be held responsible. The four-day hearing will involve the presentation of evidence by the prosecution, followed by arguments from the defense. The judges will then deliberate and determine whether to proceed with a full trial.
The case against Duterte is complex, raising questions about national sovereignty and the ICC’s jurisdiction. The Philippines withdrew from the ICC in , but the ICC maintains that it has jurisdiction over crimes committed while the Philippines was a member. The outcome of the confirmation of charges hearing will have significant implications for international criminal justice and the pursuit of accountability for alleged atrocities committed during the “war on drugs.”
The hearings are taking place against a backdrop of ongoing concerns about impunity for human rights violations in the Philippines. The ICC’s involvement represents a rare opportunity to address these concerns and provide justice for victims who have long sought redress.
