International Criminal Court (ICC) judges are currently assessing the case against former Philippine President Rodrigo Duterte concerning allegations of crimes against humanity linked to the country’s deadly “war on drugs.” This four-day confirmation hearing, taking place in The Hague, is a crucial step to determine if there are substantial grounds to proceed to trial.
The proceedings will not determine Mr. Duterte’s guilt or innocence. “The Chamber shall not take any decision with regard to the guilt or innocence of Mr. Duterte during this hearing,” stated Presiding Judge Iulia Antoanella Motoc.
Duterte, 80, is accused of murder and attempted murder as crimes against humanity, allegedly committed between November 1, 2011, and March 16, 2019. These charges stem from his time as mayor of Davao City and later as president.
Charges and Arrest
Prosecutors allege the case involves three counts of crimes against humanity. These include murders in and around Davao City during his mayoral tenure, attributed to the so-called “Davao Death Squad”; the killing of alleged “high-value targets” during his presidency; and deaths and attempted murders during barangay clearance operations.
“Mr. Duterte and his co-perpetrators shared a common plan to neutralise alleged criminals in the Philippines…through violent crimes, including murder,” a courtroom officer read from the prosecution’s charges.
An arrest warrant was issued under seal on March 7, 2025, and declassified four days later. Mr. Duterte was surrendered to the ICC on March 12, 2025, after being arrested by Philippine authorities. He is currently held at the ICC Detention Centre in Scheveningen, Netherlands.
Burden of Proof and Victim Participation
The ICC operates under the presumption of innocence until guilt is proven beyond reasonable doubt. “The burden of proof is upon the OTP (Office of the ICC Prosecutor), which must produce sufficient evidence to prove the charges against Mr. Duterte at the required standard of proof,” explained Judge Motoc.
During the hearing, prosecutors, represented by Deputy Prosecutor Mame Mandiaye Niang and senior trial lawyers, must provide sufficient evidence for each charge. Mr. Duterte’s defence team, led by Nicholas Kaufman, will present their arguments. Legal representatives for the 539 victims will also present their cases to the judges.
Next Steps
A written decision from the judges on whether to proceed to trial is expected within 60 calendar days after the hearing concludes. The judges may confirm some or all charges, commit the case for trial, decline to confirm charges and halt proceedings, or adjourn the hearing to request further evidence or amendments.
About the International Criminal Court
The ICC, based in The Hague, is a permanent international tribunal that prosecutes individuals accused of the most serious international crimes, including genocide, crimes against humanity, war crimes, and the crime of aggression. It was established by the Rome Statute, which entered into force in 2002, outlining the Court’s jurisdiction and procedures for ratifying states.
