(UPDATE) THE International Criminal Court (ICC) on Thursday confirmed crimes against humanity charges against former president Rodrigo Duterte, paving the way for his trial to proceed over his alleged role in a deadly anti-drugs campaign that killed thousands of civilians.
In a sweeping 50-page decision, the Pre-Trial Chamber I ruled that Duterte, who served as president from 2016 to 2022 and previously as mayor of Davao City, bears individual criminal responsibility for murders and attempted murders committed between November 2011 and March 2019.
The chamber confirmed three counts against the 81-year-old former leader, involving at least 78 victims across 49 incidents cited as illustrative examples of a far wider campaign of violence. Prosecutors say the actual scale of victimization included thousands of killings.
Duterte is charged under multiple legal theories: as an indirect co-perpetrator who controlled a “common plan” to “neutralize” alleged criminals and alternatively as having ordered, induced, or aided and abetted the killings.
A ‘widespread and systematic’ attack
The court found that Duterte, first as mayor of Davao City and later as president, led a hierarchical network that carried out a “widespread and systematic attack against the civilian population” of the Philippines.
During his mayoral period, the court said, Duterte controlled the so-called Davao Death Squad — a combination of police officers and paid hitmen who killed alleged drug pushers, thieves and other suspected criminals. After becoming president in June 2016, he expanded the operation nationwide through what prosecutors called the “National Network.”
The chamber concluded that the word “neutralize” as used by Duterte and his associates meant “to kill” — despite defense arguments that it referred to lawful restraint or arrest.
Essential contributions
Presiding Judge Iulia Antoanella Motoc, writing for the unanimous three-judge panel, detailed how Duterte made “essential contributions” to the criminal scheme. These included designing the policy, publicly naming targets, providing weapons and resources, offering financial rewards, appointing key personnel and shielding perpetrators from prosecution.
The court cited witness testimony that Duterte personally approved killing operations in Davao City, and that law enforcement officers who failed to kill enough people faced threats and potential death.
The chamber noted that Duterte’s public speeches contained “clear directives and incitement to kill criminals,” including promises to protect and pardon those involved in killings. It rejected defense arguments that official documents containing self-defense language negated criminal intent, finding that such references could not be assessed in isolation from the broader pattern of violence.
Victim incidents
Among the confirmed incidents cited in the decision:
– Three alleged drug pushers killed in Davao City in 2013.
– The November 2016 killings of two men in police custody at Leyte Sub-Provincial Jail.
– The July 2017 killings of Ozamiz City Mayor Reynaldo Parojinog Sr. and multiple others at the mayor’s residence.
– The August 2017 killing of 17-year-old Kian Loyd Delos Santos in Caloocan City.
– Two attempted murders of individuals who survived being shot.
Fit for trial
The chamber found Duterte fit to participate in proceedings despite defense requests for indefinite adjournment based on medical concerns. The former president waived his right to attend the February 2026 confirmation hearing.
Duterte was surrendered to the court on March 12, 2025, following a warrant issued March 7, 2025. He has remained in detention, with appeals chambers twice confirming decisions denying his interim release.
The court rejected defense arguments that the charges were overbroad, finding that given the “scale of criminality” and Duterte’s position “at the apex” of the operation, a broader description of charges through illustrative examples was “necessary to cover the extent of [his] alleged criminality.”
Duterte now faces trial before an ICC Trial Chamber. The court ordered the registrar to transmit the decision and record of proceedings to the presidency.
Jurisdiction settled
Earlier this week, the Pre-Trial Chamber threw out the Duterte defense team’s challenge to the ICC’s jurisdiction over the case.
Defense lawyer Nicholas Kaufman said he was not surprised by the decision, but maintained it raised serious legal concerns and would continue to be contested.
In a statement issued after the ruling, Kaufman said the defense would press on with legal remedies, including a possible further appeal, while arguing that Duterte’s rights were not adequately upheld during the proceedings.
For families of those killed in the antidrug campaign, the ruling on Wednesday affirming the ICC’s jurisdiction over the case marked a decisive step in their long pursuit of justice.
In a joint statement, victims’ lawyers Joel Butuyan and Gilbert Andres said those affected welcomed the ruling, describing it as a “triumph of victims’ rights to the truth and justice.”
The Appeals Chamber affirmed the ICC’s authority to proceed with the case despite the Philippines’ withdrawal from the Rome Statute, reinforcing the treaty’s objective of ending impunity for perpetrators of grave international crimes.
“The decision sends a strong message that mere withdrawal from the Rome Statute does not shield state officials from accountability for crimes against humanity,” the lawyers said.
They pointed in particular to Article 127(2) of the Rome Statute, which provides that a state’s withdrawal does not affect ongoing proceedings already under consideration by the court prior to the withdrawal taking effect.
The lawyers noted the ruling’s significance in light of Duterte’s role in initiating the Philippines’ exit from the ICC while now facing charges of crimes against humanity, specifically murder, before the tribunal. WITH JAVIER JOE ISMAEL
