On the Radar : Duterte Faces the ICC

Duterte, now 80, is the first Asian former head of state ever to be indicted by the ICC. He has been held at the court's detention unit in Scheveningen Prison since his arrest in Manila in March 2025, when he was flown to the Netherlands and charged with three counts of murder as a crime against humanity.

What Is Happening This Week?

The hearings — known as a "confirmation of charges" hearing — are not yet a trial. Instead, they are a crucial preliminary step in which a panel of three ICC judges must decide whether prosecutors have presented enough evidence to proceed to a full trial.

Judges have up to 60 days after the hearings conclude to issue a written decision. If charges are confirmed, the case moves to a Trial Chamber for a formal trial.

The Charges

Prosecutors allege Duterte was the central force behind a systematic campaign of extrajudicial killings that targeted suspected drug users and dealers — first as mayor of Davao City in the southern Philippines from 2013 to 2016, and then as the country’s president from 2016 to 2022.

The ICC has charged him with involvement in at least 76 murders during that period, and he also faces three counts of crimes against humanity - include killings carried out by the so-called "Davao Death Squad" while he was mayor, and murders of "high-value targets" during his presidency.

"These were not random crimes, nor were they spontaneous or happened in isolation," ICC prosecutor Mandiaye Niang told the court.

He said the evidence shows the killings were part of a "widespread and systematic attack directed against the civilian population of the Philippines," with many of the victims being children.

Prosecutors say Duterte authorised the murders, provided resources and financial incentives to those who carried them out, and ran a system that granted police and others immunity for their actions.

The Philippine national police have acknowledged around 6,000 killings, but human rights groups estimate the number could be as high as 30,000.

 Duterte's Response

Rodrigo Duterte chose not to attend the hearings in person. In a letter submitted to the court, he said he "does not recognise" the ICC's jurisdiction and wrote: "I am old, tired, and frail. I wish for this court to respect my peace inside the cell it has placed me. I have accepted the fact that I could die in prison."

He also accused current Philippine President Ferdinand Marcos Jr. of orchestrating his "kidnapping" from the Philippines — a claim often repeated by his daughter, Vice President Sara Duterte.

His lead defence lawyer, Nick Kaufman, told the court that Duterte "stands behind his legacy resolutely, and he maintains his innocence absolutely," arguing that prosecutors had "cherry-picked" examples of his client's "bombastic rhetoric" and that his words were never intended to incite violence. Duterte himself has previously told a Philippine Senate inquiry that he only ordered police to kill in self-defence.

The Long and Complex Road to Court

The ICC began investigating the Philippines drug war in 2021. Duterte had actually pulled the Philippines out of the ICC in 2019 , to shield himself from scrutiny.

However, the court ruled it retains jurisdiction over crimes committed between 2011 and 2019, when the Philippines was still a member. The defence has appealed this ruling.

This week’s confirmation of charges hearing was originally scheduled for September 2025, but was postponed after Duterte's lawyers argued he was too mentally and physically unwell to participate. An independent medical panel was appointed, and in January 2026 the judges concluded he was fit to take part.

In addition to Duterte, the ICC has also named alleged co-perpetrators including two sitting Philippine senators — Ronald Dela Rosa, considered the chief architect of the drug war, and Christopher Lawrence Go — along with former police officers.

The hearings have drawn an outpouring of emotion from families of victims. Hundreds gathered in Manila to watch the proceedings together, while protests and rallies took place both in the Philippines and overseas. He remains widely popular in parts of the Philippines, where many supporters had no issue with his tough-on-crime approach.

Amnesty International Secretary General Agnès Callamard called the hearing "a significant step towards delivering justice for victims and survivors," adding that the case "reminds the international community that nobody is above the law."

 Despite being in ICC detention, Duterte won a bid to become Davao City mayor in the May 2025 midterm elections, with his son Sebastian sworn in as acting mayor in his place.

His daughter, Vice President Sara Duterte, announced this month that she will run for president in the 2028 elections, citing her father's detention as a motivating factor.

The case has also deepened a rift between the Duterte family and President Ferdinand Marcos Jr., who had been a former ally. Marcos has faced intense criticism from Duterte supporters for cooperating with the ICC.

What Comes Next?

After the four days of hearings, the judges have up to 60 days to decide whether to confirm any or all of the charges. If confirmed, the case proceeds to trial — a process that could take years. If the charges are not confirmed, the prosecution has the right to appeal.

For the hundreds of families who lost loved ones in the drug war — and the 539 victims already authorised to participate in the proceedings — this week represents the most concrete step toward accountability.

Duterte's legal team is fighting on every front — jurisdiction, fitness, detention, evidence — and has succeeded mainly in buying time. He is already in custody, charges are widely expected to be confirmed, and the ICC has shown no inclination to release him.

The most likely outcomes are either a formal trial (which could take years) or, given his age and health, that he dies before a final verdict is reached.

A full acquittal at trial is possible, but given the nature and volume of evidence to be presented by prosecutors, it is at best unlikely.

Asia Media Centre