ICC confirms crimes against humanity charges against Philippines' Duterte, commits him to trial
The International Criminal Court (ICC) has unanimously confirmed charges of crimes against humanity against former Philippine President Rodrigo Duterte, committing him to trial over his "war on drugs" campaign. The decision, announced by Pre-Trial Chamber I on Thursday, marks the first time a former Asian head of state will face trial at the ICC, according to court statements and multiple reports.
The charges include three counts of crimes against humanity: murder and attempted murder, committed between November 1, 2011, and March 16, 2019, as part of a "widespread and systematic attack" against the civilian population in the Philippines, according to the ICC's statement, as reported by TASS.
The ruling follows an earlier decision by the ICC Appeals Chamber on April 22, which rejected an appeal by Duterte's defense challenging the court's jurisdiction. The defense had argued that the ICC had no authority over the case because the Philippines withdrew from the court in 2018. However, the Appeals Chamber ruled that a state "cannot avoid responsibility simply by notifying its withdrawal from the Statute after the Prosecutor has already begun investigating the alleged crimes," as stated by Judge Luz del Carmen Ibanez Carranza, quoted by TASS.
The prosecution alleged that Duterte created, funded, and armed death squads to target and kill suspected drug dealers and users while he was mayor of Davao City and later president. According to the prosecutor's office, between 12,000 and 30,000 people were killed during the campaign, with many cases allegedly involving extrajudicial killings, as reported by multiple outlets.
Duterte, 80, was arrested in Manila on March 11, 2025, under an ICC warrant and transferred to The Hague. His defense team has argued that he is unfit to stand trial due to cognitive decline, and he did not appear at pre-trial hearings in February, stating he was "old, tired and frail" and experiencing memory loss, according to The Guardian.
The ICC's decision has been welcomed by victims' families and human rights groups. Nanay Llore, whose sons were killed in May 2017, said, "We have long waited for this moment. It’s been nearly 10 years since Duterte started implementing his deadly 'war on drugs'. We look forward to seeing him in ICC court," as quoted by The Guardian. Ritz Lee Santos, director of Amnesty International in the Philippines, described the decision as a "historic moment for victims and international justice."
Duterte's defense lawyer, Nicholas Kaufman, said the defense would show that the idea of state policy killings was a "complete fiction" and that witness evidence had "zero weight," as reported by AFP via France 24.
The ICC will now set up a trial panel, but it will likely be several months before proceedings begin, according to reports. It remains unclear whether Duterte will attend the trial, given his stated health concerns.
The confirmation of charges comes at a challenging time for the ICC, which has faced sanctions from the United States after issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu over the Gaza war, as noted by France 24.
Perspectives
Victims' families and human rights groups
Relatives of victims of the drug war and organizations such as Amnesty International have expressed elation and hope that the trial will bring justice. They see the ICC decision as a historic step toward accountability for the thousands of killings during Duterte's presidency.
Duterte's defense
Duterte's lawyers maintain that he is unfit to stand trial due to cognitive decline and have argued that the charges lack evidence. They also challenged the ICC's jurisdiction, asserting that the Philippines' withdrawal from the court in 2018 should prevent the case from proceeding. The defense has vowed to contest the allegations at trial.
Philippine government and Duterte supporters
While the article does not include direct comments from Duterte's supporters or the Philippine government, earlier statements, such as Vice President Sara Duterte-Carpio's condemnation of her father's detention as "a blatant affront to our sovereignty," reflect nationalist objections to the ICC's intervention, as reported by TASS.