ASIATODAY.ID, THE HAGUE – A pivotal legal battle has begun at the International Criminal Court (ICC), where judges have opened a confirmation of charges hearing against former Philippine President Rodrigo Duterte over alleged crimes against humanity linked to thousands of killings during the country’s controversial “war on drugs.”
The four-day hearing, which opened on February 23, 2026, will determine whether prosecutors have presented sufficient evidence to move the case to a full trial.
Three Major Allegations: From Davao to the Presidency
ICC prosecutors allege that Duterte bears responsibility for crimes against humanity — specifically murder and attempted murder — committed between 1 November 2011 and 16 March 2019.
The case includes three central categories of charges:
– Killings in and around Davao City during Duterte’s tenure as mayor, allegedly carried out by the so-called “Davao Death Squad.”
– Murders of alleged high-value targets during his presidency.
– Killings and attempted killings during barangay-level clearance operations conducted nationwide under his administration.
According to the prosecution, Duterte and his alleged co-perpetrators shared a common plan to “neutralize” suspected criminals through violent acts, including murder.
Arrest and Transfer to ICC Custody
A sealed arrest warrant was issued on 7 March 2025 and later made public. Duterte was arrested by Philippine authorities on 12 March and subsequently surrendered to the ICC.
The 80-year-old former leader is currently being held at the ICC Detention Centre in Scheveningen, the Netherlands.
Presumption of Innocence and Burden of Proof
Presiding Judge Iulia Antoanella Motoc stressed that the confirmation hearing is not a determination of guilt or innocence. Instead, judges must assess whether there are “substantial grounds to believe” the accused committed the alleged crimes.
Under ICC rules, suspects are presumed innocent unless proven guilty beyond reasonable doubt. The burden of proof rests entirely with the Office of the Prosecutor.
Duterte’s defence team, led by Nicholas Kaufman, is expected to challenge the prosecution’s evidence during the proceedings.
539 Victims Participate
Legal representatives of 539 victims are also presenting their views before the Court — a distinctive feature of ICC proceedings that allows victims to participate directly in the judicial process.
Their submissions may influence the judges’ assessment of whether the case should proceed.
Decision Within 60 Days
Following the hearing, judges have up to 60 calendar days to issue a written ruling. They may:
– Confirm all or some of the charges and commit the case to trial;
– Decline to confirm the charges and terminate proceedings; or
– Adjourn the hearing and request additional evidence or amendments.
The decision will mark a critical turning point in one of the most closely watched international human rights cases in recent years.
The ICC’s Mandate
The ICC, established under the Rome Statute in 1998 and operational since 2002, prosecutes individuals accused of the gravest crimes under international law — including genocide, crimes against humanity, war crimes and the crime of aggression.
The Duterte case now stands as a major test of international accountability mechanisms and could set a powerful precedent for how global institutions respond to alleged state-led campaigns of violence.
As judges deliberate, the world watches whether this historic case will proceed to full trial — or come to a halt in The Hague. (AT Network)
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