UN International Criminal Court in session | Photo of a court session in 2009 during the trial of former Yugoslavian president Slobodan Milošević via Wikimedia Commons
THE HAGUE, Netherlands — The International Criminal Court on April 23 confirmed all charges against former Philippine president Rodrigo Roa Duterte, committing him to trial for alleged crimes against humanity tied to killings during his “war on drugs” from 2011 to 2019. Pre‑Trial Chamber I ruled there were “substantial grounds to believe” Duterte is responsible for murder and attempted murder under Article 7(1)(a) of the Rome Statute.
The ruling follows years of investigation and a February 2026 confirmation hearing. Duterte, 81, was arrested in Manila in March 2025 and transferred to The Hague, where he has remained in detention. Judges rejected the defense’s claims that he was unfit to stand trial, citing medical assessments that affirmed he could participate in the proceedings.
Specific Charges and Incidents Cited
The ICC confirmed three counts of crimes against humanity, covering 49 documented incidents, including at least 76 killings and two attempted murders.
Count 1: Killings of at least 19 people—including three children—in Davao City between 2013 and 2016, allegedly linked to the so‑called Davao Death Squad.
Count 2: Killings of at least 14 individuals labeled “high‑value targets” during Duterte’s early presidency.
Count 3: Forty‑three additional killings and two attempted murders during barangay anti‑drug operations, including the death of 17‑year‑old Kian Loyd delos Santos in Caloocan City in 2017.
Judges said evidence showed a “common plan” between Duterte and co‑perpetrators to kill alleged drug offenders through violent means.
When the Trial Will Begin
The case now moves to a newly constituted Trial Chamber, which will set the trial schedule. Historically, ICC trials begin up to a year after charges are confirmed, meaning Duterte’s trial could open sometime in early to mid‑2027, depending on procedural preparations.
Duterte will be required to attend the trial in person under Article 63 of the Rome Statute.
Reactions From Manila and Duterte’s Camp
The Marcos administration issued a statement saying it respects the ICC ruling, noting that “justice must be served” and that “both sides stand to benefit… justice for the accused if he is innocent, or justice for the victims if their rights were indeed abused.”
Duterte’s supporters in Manila, including loyalists who have long defended the drug war, held small rallies criticizing the ICC’s jurisdiction. His legal team, led by Nicholas Kaufman, announced it will seek leave to appeal the confirmation decision. Kaufman argued the ruling relied on “uncorroborated statements of vicious self‑confessed murderers” and said the credibility of witnesses was not properly assessed.
Kaufman added that the decision was “hardly surprising,” but maintained Duterte’s absolute innocence and insisted no direct evidence links the former president’s public statements to specific killings.
What Comes Next
The ICC will now assign judges to the Trial Chamber, which will coordinate with prosecutors, the defense, and representatives of more than 500 authorized victims participating in the proceedings.
The trial will mark the first time a former Asian head of government faces a full ICC proceeding—an unprecedented moment in international justice.
