ICC kicks off pre-trial hearing over former president Rodrigo Duterte
The International Criminal Court opened hearings Monday, Feb. 23 to decide whether former Philippine president Rodrigo Duterte should stand trial for crimes against humanity linked to his deadly anti‑drug crackdown.
The "confirmation of charges" sessions, taking place over four days, will determine whether there is enough evidence against Duterte to proceed to a trial.
The 80-year-old was not present in court in The Hague after it granted a defence request to waive his right to appear, despite judges ruling he was fit to take part.
Following the hearings, the judges will have 60 days to issue a written decision on whether he should face a full trial.
Prosecution: Duterte played 'pivotal' role in extrajudicial killings
ICC deputy prosecutor Mame Mandiaye Niang said that the week-long "confirmation of charges" hearing is "a reminder that those in power are not above the law."
Niang said Duterte played a "pivotal" role in the extrajudicial killings of suspected drug dealers and users, first as mayor of Davao City then as national president.
He "authorized murders and personally selected some of the victims," said Niang.
ICC senior trial lawyer Julian Nicholls also named five of Duterte's co-perpetrators in the alleged murders that were carried out when he was the mayor of Davao City: Bato dela Rosa, Vicente Danao, Bong Go, Dante Gierran, and Vitaliano Aguirre II.
Defense: Duterte 'absolutely' maintains innocence
Duterte's lawyer Nicholas Kaufman, in his opening statement, said his client "stands behind his legacy resolutely" and "maintains his innocence absolutely."
While Duterte was indeed "a unique phenomenon," Kaufman accused the prosecution of "cherry-picking" through the former president's speeches, adding that many of them insist on the importance of sticking to the law. He noted that Duterte's speeches did not have "lethal intent" but aimed to "instil fear in the hearts" of criminals.
Kaufman told ICC judges that the evidence against Duterte was "wholly insufficient" and the charges were "grievously misplaced and politically motivated."
'High value targets'
ICC prosecutors have charged Duterte with three counts of crimes against humanity, alleging his involvement in at least 76 murders between 2013 and 2018.
The true number of killings during his campaign in the Philippines is thought to be in the thousands, and lawyers for the victims have argued that a full trial could encourage more families to come forward.
Duterte, who was president from 2016 to 2022, was arrested in Manila in March last year, flown to the Netherlands and has since been held at the ICC's detention unit at Scheveningen Prison.
He followed his initial hearing three days later by video link, appearing dazed and frail and barely speaking.
The first of three counts against Duterte concerns his alleged involvement as a co-perpetrator in 19 murders carried out between 2013 and 2016 while he was mayor of Davao City.
The second relates to 14 murders of so-called "High Value Targets" in 2016 and 2017 when he was president.
The third charge covers 43 murders committed during "clearance" operations of lower-level alleged drug users or pushers across the Philippines between 2016 and 2018.
Human Rights Watch said the court session was "a critical step in ensuring justice for victims of the Philippines' 'war on drugs.'"
The case comes with the ICC facing intense political pressure, including two rounds of US sanctions imposed since June 2025.
The Philippines left the ICC in 2019, on Duterte's instructions, but the court has ruled that it still has jurisdiction over alleged crimes committed there between 2011 and 2019.
The defense has appealed the ruling, with a decision still pending.
Duterte, the first Asian former head of state to appear before the ICC, remains popular in the Philippines for his tough approach to crime.
