ICC judges assess case against Duterte over Philippines ‘war on drugs’ killings

The confirmation hearing marks a pivotal step that will determine whether the case proceeds to trial.

The purpose of the four-day hearing, taking place in The Hague, is to determine whether there are “substantial grounds to believe” that Mr. Duterte committed the crimes charged by the ICC Prosecutor.

“The Chamber shall not take any decision with regard to the guilt or innocence of Mr. Duterte during this hearing,” said Iulia Antoanella Motoc, the Presiding Judge.

The 80-year-old former leader also previously served as Mayor and Vice Mayor of Davao City – one of the largest in the country.

He is suspected of crimes against humanity of murder and attempted murder allegedly committed between 1 November 2011 and 16 March 2019.

The charges and arrest

According to the prosecution, the case comprises three counts of crimes against humanity: murders in or around Davao City during his mayoral period allegedly carried out by the so-called “Davao Death Squad”; murders of so-called “high-value targets” during his presidential period; and murders and attempted murders in barangay (the lowest administrative division) clearance operations during his presidency.

“Mr. Duterte and his co-perpetrators shared a common plan to neutralise alleged criminals in the Philippines…through violent crimes, including murder,” the courtroom officer said, reading out the prosecution’s charges.

An arrest warrant was issued under seal on 7 March 2025 and reclassified four days later. On 12 March, Mr. Duterte was surrendered to the Court after being arrested by Philippine authorities. He remains at the ICC Detention Centre in Scheveningen in the Netherlands.

Burden of proof

ICC suspects are presumed innocent unless proven guilty 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,” said Judge Motoc.

Victim participation

At the hearing, prosecutors – represented by Deputy Prosecutor Mame Mandiaye Niang and senior trial lawyers – must support each charge with sufficient evidence. Mr. Duterte’s defence team – led by Nicholas Kaufman – will also present arguments.

The legal representatives of the 539 victims will lay out their cases before the judges.

What happens next

Within 60 calendar days after the hearing concludes, the judges will issue a written decision on whether to proceed.

They may confirm some or all of the charges and commit the case to trial before a Trial Chamber; decline to confirm the charges and halt proceedings; or adjourn the hearing and request additional evidence or amendments.

The International Criminal Court

The ICC is a permanent international tribunal based in The Hague that prosecutes individuals accused of the gravest crimes under international law, including genocide, crimes against humanity, war crimes and the crime of aggression.

It was established by the Rome Statute, a treaty adopted in 1998 and entered into force in 2002, which sets out the Court’s jurisdiction, powers and procedures and binds the States that have ratified it.