The Hague – The defense team for former Philippine President Rodrigo Duterte argued before the International Criminal Court (ICC) on Friday that the case against him regarding alleged crimes against humanity committed during his “war on drugs” is built on flimsy evidence, relying heavily on hearsay, media pressure, emotional appeals from victims and self-confessions from alleged perpetrators offered with a promise of impunity. The proceedings mark a critical stage in determining whether the case will proceed to trial, focusing on whether there are “substantial grounds to believe” that Mr. Duterte committed the crimes charged by the ICC Prosecutor.
The confirmation of charges hearing, which began Monday and is scheduled to continue through February 26th, centers on allegations of murder and attempted murder allegedly committed between November 1, 2011, and March 16, 2019. The prosecution alleges these crimes occurred in three distinct phases: killings in Davao City during Duterte’s time as mayor, targeting of “high-value targets” during his presidency, and murders and attempted murders during barangay (local administrative division) clearance operations also during his presidency. The ICC, a court of last resort, is investigating due to concerns that the Philippines’ own justice system is unable or unwilling to genuinely investigate and prosecute these alleged crimes.
Defense Challenges the Prosecution’s Case
According to the defense, the prosecution’s case hinges on unreliable evidence. They contend that much of the evidence consists of second-hand accounts and lacks the direct corroboration needed to establish guilt beyond a reasonable doubt. The defense specifically highlighted what they described as “self-confessions” obtained under circumstances that suggested a promise of leniency or immunity, rendering them legally questionable. They also pointed to the influence of media coverage and the emotional impact of victims’ testimonies as potential factors influencing the perception of the case.
The prosecution, as outlined in court, alleges a “common plan” by Mr. Duterte and alleged co-perpetrators to neutralize individuals deemed criminals in the Philippines through violent means, including murder. An arrest warrant for Mr. Duterte was issued under seal on March 7, 2025, and reclassified days later, on March 11, 2025.
Duterte’s History and the ‘War on Drugs’
Rodrigo Duterte, born March 28, 1945, served as President of the Philippines from 2016 to 2022, having previously held positions as Mayor and Vice Mayor of Davao City. The ICC identifies him as allegedly being the founder and head of the Davao Death Squad (DDS). The “war on drugs,” launched during his presidency, resulted in the deaths of thousands of individuals, drawing widespread international condemnation from human rights organizations and concerns about extrajudicial killings. Reports from DW.com detail the ongoing ICC investigation into the deadly campaign.
The ICC’s Role and Next Steps
The International Criminal Court was established by the Rome Statute in 2002 and began functioning in 2003. It investigates and prosecutes individuals accused of the most serious crimes of international concern – genocide, war crimes, crimes against humanity, and the crime of aggression. The ICC’s involvement in the Philippines case stems from the country’s withdrawal from the court in 2019, a move that the ICC has ruled does not preclude its jurisdiction over crimes committed whereas the Philippines was a state party.
Presiding Judge Iulia Antoanella Motoc emphasized that the confirmation hearing is not a determination of guilt or innocence. The court will assess whether there is sufficient evidence to proceed to a full trial. The hearing is expected to conclude on February 26, 2026, after which the judges will deliberate and issue a decision regarding the confirmation of charges. A decision on whether to proceed to trial is anticipated in the coming months.
The ICC’s investigation and these proceedings represent a significant moment for international justice and accountability regarding the alleged human rights violations committed during the Philippines’ “war on drugs.”
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