ICC examines charges against Duterte amid murder accusations and persecution claims

By Imane Rachidi

The Hague, (EFE).- The International Criminal Court began on Monday the confirmation of charges hearing against former Philippine President Rodrigo Duterte.

The session was marked by the defendant’s absence and the clash between the Prosecutor’s Office, which places him «at the very heart» of an assassination scheme, and the Defense, which denounces political persecution.

Duterte, 80, formally waived his right to be present and refused to follow the hearing via videoconference from the ICC detention center, where he has been held since his arrest in Manila and transfer to The Hague back in March, 2025.

He cited advanced age, deteriorating health, and lack of jurisdiction for his absence, although an independent medical panel appointed by the judges concluded he is fit to participate, and the prosecution insisted on Friday that his absence is solely a personal decision.

Prosecution lawyer Julian Nichols indicated that Duterte is “ perfectly fine. He is able to attend the proceedings today. There is nothing stopping him, except that he does not want to be here. He chose not to face the court, not to face the victims.”

Prosecution: A common plan including murders

The Prosecutor’s Office accused Duterte of three counts of murder and attempted murder as crimes against humanity, based on 49 incidents totaling 76 fatalities and two attempted homicides. These are considered representative of a broader campaign that mainly affected the poorest sectors of the population and left thousands dead between 2011 and 2019.

«They are the most vulnerable,» Nichols argued, noting that many victims lacked the resources or power to report the events.

Deputy Prosecutor Mame Mandiaye Niang maintained that Duterte played a “pivotal role” and that his «contribution was essential as he was at the very heart of the common plan» which included «neutralize alleged criminals in the Philippines, including through murders.»

According to the Prosecution, when he was mayor of Davao, he created and directed the so-called «Davao Death Squad» (DDS), whose members received a regular salary and payments «per head» killed. After assuming the presidency in 2016, he expanded this model nationwide.

The prosecution argues that Duterte had formal and de facto authority over the executioners: as mayor, he oversaw the local police and controlled the DDS; as president, he was head of state, head of government, and commander-in-chief of the armed forces and police.

«A leader who creates, leads, arms, and funds a death squad is not interested in due process,» stated Nichols.

The Prosecutor’s Office cited public statements in which Duterte promised to «hunt down» major drug lords and warned they would be «eliminated,» as well as episodes where he displayed lists of alleged targets.

Nichols affirmed that Duterte murdered thousands of his own compatriots and that the escalation of deaths after his arrival at the presidency «was no coincidence» but the fulfillment of campaign promises.

Duterte’s real message, he pointed out, was understood by the executioners: «Commit murder at my direction and I will protect you, I will pay you, I will promote you.»

Defense: The case is political

The defense, led by Israeli lawyer Nicholas Kaufman, rejected that there are «substantial grounds» to confirm the charges and maintained that the deaths linked to the anti-drug campaign do not respond to an institutional policy of assassinations.

Kaufman accused the Prosecution of selectively quoting Duterte’s speeches out of context and assured that there are dozens of interventions in which the former president referred to self-defense and warned against police abuses.

He also denounced what he called an unconstitutional handover to the ICC and argued that the current president, Ferdinand Marcos Jr., facilitated his transfer with the goal of politically «neutralizing» Duterte and his legacy.

The defense portrays their client as «a man of the people,» humble and connected to the population. However, the prosecution claims that he comes from a privileged family; his father was a lawyer and politician, and he has a legal background, having served as a prosecutor in Davao for almost a decade.

This clash of visions about Duterte and his legacy was also evident outside the court, where groups of dozens of demonstrators gathered both in favor of and against the proceedings.

The hearing, which will continue until Friday, is not a trial but a preliminary phase to determine whether there are «substantial grounds» to believe the accused committed the crimes imputed.

The judges will have up to 60 days to decide whether to open a formal trial against Duterte for alleged crimes against humanity committed within the framework of his controversial «drug war» between November 1, 2011, and March 16, 2019. EFE

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