ICC Reviews Evidence Against Former Philippine President Duterte on Crimes Against Humanity Charges

ICC Reviews Evidence Against Former Philippine President Duterte on Crimes Against Humanity Charges

By Bing Jabadan – TheNATIONWEEK.com February 23, 2026

THE HAGUE, Netherlands – The International Criminal Court (ICC) has commenced a crucial hearing to determine whether former Philippine President Rodrigo Duterte will face trial for alleged crimes against humanity. The charges stem from his controversial “war on drugs” during his presidency and alleged extrajudicial killings during his tenure as mayor of Davao City.

The four-day “confirmation of charges” hearing, which began on Monday this week, will meticulously examine evidence presented by ICC prosecutors to ascertain if sufficient grounds exist to proceed with a formal trial.

While Duterte, 80, has been granted a waiver allowing him to remain absent, the proceedings represent a significant step towards accountability for the thousands of victims and their families affected by his administration’s policies. A written decision from the ICC judges is expected within 60 days of the hearing’s conclusion.

The case marks a dramatic turn of events for Duterte, who has consistently challenged the ICC’s jurisdiction over the Philippines. Human Rights Watch has hailed the hearing as “a critical step in ensuring justice for victims,” while families of the deceased have described it as a “moment of truth” in their long fight for redress.

The Allegations Against Duterte

ICC prosecutors have leveled three counts of crimes against humanity against Duterte, alleging his direct or indirect involvement in at least 76 murders committed between 2013 and 2018. Estimates place the total number of deaths attributed to his anti-drug campaign as high as 30,000, a figure disputed by Duterte’s camp.

Lawyers representing the victims argue that a full trial could encourage more families to come forward with their experiences and provide further evidence of systematic human rights violations.

The specific charges against Duterte include:

Count 1:

• Alleged co-perpetration in 19 murders between 2013 and 2016 during his mayorship of Davao City, allegedly carried out by the so-called “Davao Death Squad.”

Count 2:

• Involvement in 14 murders of “high-value targets” in 2016 and 2017 during his presidency, allegedly targeting individuals involved in the illegal drug trade.

Count 3:

• Responsibility for 43 murders committed during “clearance” operations targeting lower-level alleged drug users and pushers across the Philippines between 2016 and 2018.

Nicholas Kaufman, Duterte’s legal representative, has stated that his client vehemently denies the charges and maintains his innocence.

Duterte’s Defiance and the Jurisdictional Debate

Despite the ongoing proceedings, Duterte remains defiant and continues to reject the ICC’s authority. He was arrested at Ninoy Aquino International Airport (NAIA) Terminal 3 upon arrival from Hong Kong on March 11, 2025, and was forcibly transferred to the ICC’s detention unit at Scheveningen Prison.

In a letter submitted to the court, Duterte reiterated his non-recognition of the ICC’s jurisdiction and expressed pride in his legacy, accusing the court of “kidnapping” him in collusion with current President Ferdinand Marcos Jr.

The Philippines officially withdrew from the ICC in 2019 under Duterte’s direction. However, the court maintains that it retains jurisdiction over alleged crimes committed between 2011 and 2019, the period during which the Philippines was a signatory to the Rome Statute, the treaty that established the ICC.

Divisions and Demonstrations

Despite the gravity of the charges, Duterte continues to command significant support within the Philippines, where his tough-on-crime stance resonated with a large segment of the population. Demonstrations both in support of Duterte and in support of the victims are anticipated to take place in The Hague throughout the duration of the hearing, highlighting the deep divisions within Philippine society regarding the former president’s legacy.

Some Overseas Filipino Workers allege that the ICC case is being exploited by opponents of Duterte, including families of drug addicts, pushers, and even drug lords, to advance their own agendas.

A Critical Juncture for Justice

This hearing represents a critical juncture in the pursuit of accountability for alleged human rights abuses in the Philippines and underscores the ICC’s commitment to investigating and prosecuting individuals accused of the most serious crimes of international concern. The outcome of the hearing will have significant implications for the future of international criminal justice and the fight against impunity for human rights violations.