DRUGS AND HUMANITY: FPRD'S YEAR OF RECKONING AT THE HAGUE
- The Communicator
- 1 day ago
- 5 min read
On March 12, 2025, former Philippine President Rodrigo Duterte surrendered to the custody of the International Criminal Court (ICC) in The Hague, Netherlands, for charges of murder and attempted murder over his war on drugs campaign, drawing international attention. One year later, as the case already reached its first anniversary, its outcome remains unresolved.
From 1988 to 2016, Duterte served as the mayor of Davao City for multiple terms before winning the 2016 presidential election and becoming the 16th president of the Philippines.
During his administration, he launched the “War on Drugs,” a campaign with the declared purpose of eliminating illegal drugs in the country. Upon assuming office in 2016, Duterte promised that within six months, he would wipe out the drug problem, vowing to “kill all drug users and pushers.”
Under the “War on Drugs” campaign, official police data acknowledged about 6,000 deaths in anti-drug operations. At the same time, human rights groups and ICC prosecutors estimate between 20,000-30,000 killings, including minors and civilians mistakenly targeted.
In 2021, ICC Pre-trial Chamber (PTC) I authorized a formal investigation into alleged crimes against humanity linked to Duterte’s anti-drug campaign that occurred between November 2011 and March 2019, covering the period when Duterte served as Davao mayor and Philippine president.
In March 2019, the Philippines officially withdrew from the ICC. However, ICC Pre-Trial Chamber I clarified that crimes committed while the country was still under the Rome Statute remain under its jurisdiction. The alleged killings during Duterte’s war on drugs can still undergo hearings and trial despite the withdrawal.
Two years after Duterte’s administration, on March 7, 2025, PTC I issued an arrest warrant "under seal" to ensure the integrity of the mission, allowing INTERPOL Manila, rhe Philippine Center for Transnational Crime (PCTC), and the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) to execute the arrest with minimal disruption. The Department of Justice (DOJ) later confirmed that this confidential operation was conducted in strict accordance with the law to ensure a secure and orderly manner.
On March 11, 2025, after being reclassified as public, Duterte was arrested at Ninoy International Airport (NAIA), involving a private Gulfstream G550 jet, and subsequently surrendered to ICC custody in The Hague, Netherlands the following day.
On March 14, 2025, Duterte had his first appearance before PTC I through video link from the ICC Detention Center. The session focused on the court's explanation of the charges against him, his procedural rights, and a briefing of the upcoming pre-trial process.
These hearings are being conducted by judges of PTC I - Presiding Judge Iulia Antoanella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge Maria del Socorro Flores Liera.
Duterte is represented by international lawyers Nicholas Kaufman and Dov Jacobs, along with Filipino allies Salvador Panelo and Salvador Medialdea, combining international legal expertise with political continuity from his administration.
On September 8, 2025, the PTC I delayed the confirmation hearing, originally scheduled on September 23, after the defense requested an indefinite adjournment, citing Duterte's alleged unfitness for trial.
On January 26, 2026, the PTC I then ruled that Duterte is fit for pre-trial proceedings and rejected the request for an indefinite adjournment.
On February 20, 2026, the PTC I approved Duterte's request to skip the proceedings, ruling that the proceedings will continue without him being physically present on the four-day confirmation of charges hearing — not a trial — on February 23, 24, 26, and 27.
Confirmation of Charges Hearing
Former President Rodrigo Duterte was suspected of three counts of crimes against humanity: (1) Murders in or around Davao City during the Mayoral Period by the "Davao Death Squad" (DDS); (2) Murders of High-Value Targets (HVT) during the Presidential period; and (3) Murders and attempted murders in barangay clearance operations during the administration.
The four-day hearing involves the official reading of charges; merit-based submissions from the prosecution, victims’ counsel, and defense; and a formal review of detention.
On February 23, Mame Mandiaye Niang, ICC Deputy Prosecutor, accused Duterte of personally authorizing murders and hand-picking some of the victims for his bloody anti-drug campaign. Furthermore, he emphasized that this hearing is a reminder that those in power are not above the law.
Duterte is facing charges for over 49 alleged incidents of murder and attempted murder involving 78 victims, including children, which prosecutors described as merely a fraction of between 12,000 to 30,000 civilians killed.
On the same day, Julian Nicholls, ICC Prosecutor, accused Duterte of establishing "death squads" composed of police officers and hired gunmen. He further alleged that some hitmen were "ghost employees" on the Davao City payroll during Duterte's mayoral term.
On February 24, Edward Jeremy, a prosecution trial lawyer, brought up the controversial 2016 memorandum issued by then-Police Chief, now-Senator Ronald "Bato" dela Rosa, noting that the Philippine National Police (PNP) ordered the neutralization of drug suspects, which one witness said, "meant to kill."
On February 26, Duterte’s defense team urged the ICC to dismiss the charges against him, arguing that the case is grievously misplaced and politically motivated. They also maintained that Duterte never issued any direct order to kill the alleged victims.
Additionally, Nicholas Kaufman claimed that the cases of drug-related killings were not exclusive to Duterte's term, noting they were also recorded under the current President Ferdinand "Bongbong" Marcos Jr.
The same day, the ICC cut portions of its live broadcast after the defense disclosed confidential details that could potentially identify protected victims and witnesses. As a result, Iulia Antoanella Motoc warned defense counsel the following day to strictly adhere to court-ordered redactions to safeguard sensitive information.
On February 27, the defense further denied allegations that minors were killed in Duterte's administration, apart from Kian Delos Santos, claiming that other allegations lacked corroborating evidence, such as birth certificates or official records.
Julian Nicholls also reminded the PTC I during the hearing that Duterte has publicly admitted having a "death squad" on multiple occasions, and claimed personal responsibility for the deaths that occurred during his administration.
Afterwards, Kaufman, Duterte's defense lawyer, asserted that Duterte "absolutely" maintains his innocence and stands behind his legacy resolutely. He also claimed that Duterte was "unconstitutionally and unceremoniously hauled off" to The Hague on March 12, 2025.
At the same time, Atty. Gilbert Andres, one of the counsels for drug war victims, emphasized that Duterte's anti-illegal drugs campaign was more of a “war against the poor,” hitting the most vulnerable sectors of Philippine society.
Directly thereafter, Robin Croft, prosecution lawyer, accused Philippine police officers during the drug war of allegedly staging "nanlalaban" scenarios — fighting back and planting evidence to legitimize operations.
As of March 2026, the PTC I has 60 days to give a written verdict on Duterte's legal status. The judges have three options: (1) Affirm the charges and proceed to a full trial, (2) Dismiss the charges if the evidence is insufficient, or (3) Seek further evidence from the prosecution.
Article: Charish Kate Pey and Janelle Dimalaluan
Graphics: Jan Mike Cabangin, Justine Ceniza, and Jannine Lagbawan
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