ICC Confirms Duterte Trial: Crimes Against Humanity

Rodrigo Duterte built his political career in Davao City, Mindanao, where he served as mayor for over two decades. Rights organisations documented the existence of the Davao Death Squad (DDS) — an extrajudicial killing group which prosecutors allege Duterte founded and headed. Over 1,000 individuals were killed in Davao City during this period, including suspected drug users and dealers.

When Duterte won the May 2016 presidential elections on an explicit promise to eliminate drugs “within six months,” he escalated the campaign nationally. Philippine police were given “shoot to kill” orders against anyone suspected of involvement in the drug trade. The government launched over 110,000 anti-drug operations between July 2016 and September 2018. Duterte publicly stated: “In Davao I used to do it personally. Just to show to the guys that if I can do it, why can’t you.” Such statements were later cited by ICC prosecutors as evidence of direct command responsibility.

The Pre-Trial Chamber confirmed three specific counts of crimes against humanity under Article 7(1)(a) of the Rome Statute — specifically murder and attempted murder. The prosecution presented three categories of criminal conduct:

• Category 1: Killings allegedly carried out by the Davao Death Squad (DDS) under Duterte’s command as mayor, from November 2011 onwards.
• Category 2: 14 murders of “high-value targets” after Duterte assumed the presidency in 2016 and 2017.
• Category 3: 43 murders committed during operations against alleged low-level drug users or pushers across the Philippines between 2016 and 2018.

The pre-trial judges found substantial grounds to believe Duterte was responsible for the murder of 76 individuals and attempted murder of two others in specific documented cases. Over 500 victims have been authorised to participate in the proceedings as legal representatives. ICC prosecutors acknowledged these cases represent only a fraction of total casualties.

The most legally significant dimension of the Duterte case is the question of post-withdrawal jurisdiction, which Duterte’s legal team contested vigorously. The Philippines ratified the Rome Statute on 1 November 2011 and deposited a withdrawal notification on 17 March 2018 — notably, one month after the ICC opened a preliminary examination. Under Article 127, withdrawal takes effect one year after notification, meaning the Philippines ceased to be a member on 17 March 2019.

The ICC rejected Duterte’s jurisdictional argument at multiple levels. On 23 October 2025, Pre-Trial Chamber I ruled the court retained jurisdiction over crimes committed on Philippine territory while the Philippines was a State Party, citing Articles 12, 13, and 127 of the Rome Statute. Article 127(2) explicitly states that withdrawal does not discharge a state from obligations arising while it was a party, and that ongoing proceedings are unaffected. On 22 April 2026, the ICC Appeals Chamber upheld this interpretation, warning that allowing strategic withdrawal to defeat accountability would undermine the entire international justice system.

The Philippine government under Marcos Jr. facilitated Duterte’s arrest and transfer — citing Interpol membership and domestic legislation (Republic Act 9851, the Philippine Act on Crimes Against International Humanitarian Law, 2009) as the legal basis — without formally rejoining the ICC. The Supreme Court of the Philippines had itself ruled in 2021 that the Philippines retained an obligation to cooperate with the ICC on acts committed during its membership.

Duterte’s arrest did not occur in a political vacuum. His detention came against the backdrop of a significant rupture between the Marcos and Duterte political families — former allies who governed together from 2022 before falling out over policy differences. Duterte’s daughter, Sara Duterte, served as Vice President under Marcos Jr. before the alliance collapsed. Duterte supporters accused the Marcos administration of facilitating the arrest for domestic political purposes.

The arrest triggered nationwide protests across the Philippines in March 2025. ACLED data recorded nearly 60 pro-Duterte and 8 anti-Duterte rallies that month. The largest demonstrations occurred in Davao City — Duterte’s stronghold. Overseas Filipinos gathered at The Hague to demand repatriation. Victim families led counter-demonstrations supporting the ICC’s jurisdiction.

The International Criminal Court is a permanent intergovernmental judicial body seated in The Hague, Netherlands. It was established under the Rome Statute, adopted on 17 July 1998 at a UN diplomatic conference in Rome, and entered into force on 1 July 2002 upon ratification by 60 states. As of January 2025, 125 countries are States Parties.

The ICC has jurisdiction over four international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Critically, the ICC complements — not replaces — national judicial systems, exercising jurisdiction only when national courts are unwilling or unable to prosecute (the principle of complementarity). Notable non-members include the United States, China, India, Russia, and Israel. Both Burundi (2017) and the Philippines (2019) have withdrawn from the statute.

The Pre-Trial Chamber has committed the case to trial before a Trial Chamber, which will set the trial start date. In previous ICC cases, it has taken up to one year between confirmation of charges and commencement of trial. Duterte remains in ICC custody in The Hague and has consistently denied all charges, calling them “false and politically motivated.”

The broader investigation into the Philippines situation remains ongoing and is not limited to Duterte alone — suggesting further proceedings may follow against other individuals involved in the “war on drugs.” The landmark jurisdictional ruling on post-withdrawal accountability is expected to influence international criminal law for decades.