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ICC hearing opens to decide Duterte's trial over drug war killings
The International Criminal Court began a four-day hearing on Monday to determine whether former Philippine president Rodrigo Duterte should face trial for crimes against humanity linked to his lethal anti-drug campaign. Prosecutors allege Duterte was involved in at least 76 murders during his tenure as mayor of Davao and later as president.
Allegations and charges
ICC prosecutors accuse Duterte of three counts of crimes against humanity, including murder and attempted murder, spanning from November 1, 2011, to March 16, 2019. The period covers his time as Davao mayor and the first half of his presidency. Prosecutors claim he acted as an "indirect co-perpetrator," using police and hired assassins to target individuals labeled as criminals under his flagship Operation Double Barrel.
Human rights groups estimate that tens of thousands of people-many from impoverished urban communities-were killed during the campaign. While Duterte has dismissed the charges as "an outrageous lie," prosecutors argue the killings were systematic and targeted small-time dealers while sparing major traffickers.
"Duterte's so-called war on drugs resulted in the killings of thousands of civilians, and many of these victims were children. This hearing is a reminder that those in power are not above the law," ICC prosecutor Mame Niang told judges on Monday.
Mame Niang, ICC Prosecutor
Duterte's defiance and political legacy
Duterte, 80, has refused to recognize the ICC's authority and waived his right to attend the hearing, citing health concerns. His lawyers previously petitioned to halt the proceedings, but the court ruled he was fit to participate. Despite his absence, he remains a polarizing figure in the Philippines, particularly in Davao, where he won the 2025 mayoral election by a landslide.
Known for his inflammatory rhetoric, Duterte once stated he would be "happy to slaughter" millions of drug addicts, whom he accused of destroying the country. His strongman leadership style and promises to eradicate crime resonated with many Filipinos, propelling him to the presidency in 2016. However, his tenure was marred by international condemnation over the drug war's brutality.
Political fallout and family dynamics
Duterte's arrest and extradition to The Hague in March 2025 followed a bitter feud between his family and President Ferdinand Marcos Jr., his successor. The two families had formed an alliance during the 2022 elections, with Marcos selecting Duterte's daughter, Sara, as his vice-presidential running mate. However, the partnership collapsed as their political ambitions diverged.
Marcos initially refused to cooperate with the ICC but reversed his stance as tensions escalated. Duterte's supporters now accuse Marcos of using the ICC as a political weapon. Meanwhile, Sara Duterte, currently the vice-president, has announced her intention to run for president in 2028, when Marcos will be ineligible for re-election due to term limits.
Sebastian Duterte, Rodrigo's son and acting mayor of Davao, condemned the ICC proceedings on Facebook, calling them "selective prosecution dressed up as moral superiority."
Next steps in the legal process
The ICC's confirmation of charges hearing will conclude on Thursday. Judges will then have 60 days to decide whether there is sufficient evidence to proceed to a full trial. If approved, Duterte would become the first Asian former head of state to stand trial before the ICC, which operates as a court of last resort when domestic justice systems fail.
Families of drug war victims staged protests outside the court on Monday, demanding accountability. The case underscores the ICC's challenges in prosecuting high-profile figures without the cooperation of their home countries, as the court lacks independent enforcement powers.
