Former Philippine President Rodrigo Duterte is set to stand trial at the International Criminal Court (ICC) over charges related to his administration's controversial "war on drugs." The ICC prosecutors have formally charged Duterte with three counts of crimes against humanity, accusing him of involvement in at least 76 murders during anti-drug operations. The charges stem from incidents that occurred between 2013 and 2017, encompassing both his tenure as mayor of Davao City and as president of the Philippines.
Background of the Charges
The ICC's indictment includes:
19 murders during Duterte's time as mayor of Davao City (2013–2016), where he is accused of being an "indirect co-perpetrator" in extrajudicial killings carried out by the Davao Death Squad.
14 murders of alleged "high-value targets" during his presidency (2016–2017), allegedly carried out by police officers under his directive.
The charges allege that Duterte's actions were part of a widespread and systematic attack against civilians, violating international law. The ICC's decision to proceed with the trial marks a significant development in international human rights law, as Duterte becomes the first former Asian head of state to face prosecution at the ICC.
Duterte's Arrest and Detention
On March 11, 2025, Duterte was arrested upon his arrival at Manila's Ninoy Aquino International Airport. The arrest was carried out by Philippine authorities in coordination with Interpol, following an ICC warrant. He was subsequently transferred to The Hague, where he remains in detention awaiting trial.
In a video message recorded during his transfer, Duterte expressed his willingness to accept responsibility for his actions, stating, "I will face the consequences of my decisions." He emphasized his intent to protect law enforcement and military personnel and indicated his readiness for a prolonged legal process.
International and Domestic Reactions
The ICC's decision to charge Duterte has elicited varied responses. Human rights organizations and victims' families have welcomed the move, viewing it as a step toward accountability for the thousands of deaths linked to Duterte's anti-drug campaign. Conversely, Duterte's supporters and political allies have criticized the charges as politically motivated and an infringement on Philippine sovereignty. They argue that the Philippine judicial system should address these issues independently.
President Ferdinand Marcos Jr., who succeeded Duterte, has maintained that the Philippines' withdrawal from the ICC in 2019 nullifies the court's jurisdiction over alleged crimes committed during Duterte's administration. However, the ICC has asserted its authority, citing the principle of universal jurisdiction for crimes against humanity.
Implications for International Justice
Duterte's trial at the ICC is poised to have significant implications for international justice, particularly concerning the accountability of state leaders for human rights violations. The case underscores the ICC's role in addressing crimes that transcend national borders and legal systems. As the trial progresses, it will likely influence future considerations of international law and the enforcement of human rights standards globally.
The ICC is expected to schedule hearings in the coming months, with the trial's outcome potentially setting a precedent for the prosecution of crimes against humanity committed by sitting or former heads of state.