Duterte Drug War: ICC Probe, Trials & Accountability | Philippines News
Duterte Faces ICC Scrutiny as ‘War on Drugs’ Trial Looms
The Hague, Netherlands – Former Philippine President Rodrigo Duterte is facing a pivotal moment in an international legal battle as judges at the International Criminal Court (ICC) continue a confirmation of charges hearing to determine whether sufficient evidence exists to proceed to trial over alleged crimes against humanity. The hearings, which began Monday, February 23, 2026, center on accusations stemming from the thousands of killings that occurred during his administration’s controversial “war on drugs.”
The ICC is examining allegations that Duterte and his co-perpetrators engaged in a systematic pattern of violence, including murder and attempted murder, between November 1, 2011, and March 16, 2019. The prosecution alleges a “common plan” to neutralize alleged criminals through violent means. According to the prosecution, the case encompasses three key areas: killings in Davao City during Duterte’s time as mayor, murders of “high-value targets” during his presidency, and deaths and attempted deaths during barangay clearance operations also during his presidency.
The four-day confirmation hearing is not a determination of guilt or innocence, but rather an assessment of whether “substantial grounds to believe” that Duterte committed the crimes charged exist, stated Presiding Judge Iulia Antoanella Motoc. The prosecution team opened the hearings by presenting evidence intended to convince the judges of the strength of their case.
An arrest warrant for Duterte was initially issued under seal on March 7, 2025, and reclassified days later. Despite the warrant, Duterte has repeatedly challenged the ICC’s jurisdiction and authority, and reportedly opted to skip a previous detention hearing. He has maintained his innocence and previously claimed ill health as a reason for delaying proceedings, a claim the ICC has now rejected, ruling him fit to stand trial after a review of his condition.
The case has drawn significant attention to the issue of accountability for human rights abuses committed during the “war on drugs,” which resulted in the deaths of thousands of Filipinos, many from impoverished communities. Witness testimony presented during the confirmation hearings highlighted the vulnerability of victims. One insider witness stated that victims of the drug war “had to be the poor,” suggesting a pattern of targeting marginalized populations.
Several individuals have been identified by senior trial lawyer Julian Nicholls as potential “co-perpetrators” in the alleged Davao Death Squad killings, including Senator Ronald dela Rosa, Senator Christopher Lawrence Go, and former acting PNP chief Vicente Danao. These allegations suggest a broader network of individuals potentially involved in the alleged crimes.
The prosecution emphasized the principle that “those in power are not above the law,” signaling a determination to hold Duterte accountable for the alleged atrocities committed under his leadership. The confirmation hearings represent a crucial step in determining whether that principle will be upheld through a full trial at the ICC. The outcome of these hearings will determine whether the case proceeds to a full trial, potentially setting a precedent for international justice in cases involving alleged state-sponsored violence.
The ICC’s investigation and proceedings are unfolding against a backdrop of ongoing debate about the court’s jurisdiction and its role in addressing human rights violations in the Philippines. The hearings are expected to continue through the week, with the judges deliberating on the evidence presented before making a decision on whether to proceed to trial.