The International Criminal Court's Pre-Trial Chamber confirmed all three charges of crimes against humanity against former Philippine president Rodrigo Duterte on Thursday, April 23. The case will now proceed to full trial over alleged murders linked to his war on drugs and the Davao Death Squad. Duterte remains detained at the ICC Detention Centre in Scheveningen, Netherlands.
On Thursday, April 23, the ICC's all-women Pre-Trial Chamber decided there were substantial grounds to believe Rodrigo Duterte bears criminal responsibility for murders linked to his war on drugs and the Davao Death Squad (DDS). The three counts include two related to the drug war—one for high-value targets and one for Oplan Tokhang—and one for the DDS. The decision noted that insider witnesses showed Philippine National Police 'nanlaban' narratives were fabricated, with drugs, money, and guns planted on victims.
The ICC stated direct perpetrators followed a modus operandi of staging evidence to simulate self-defense. Judges reviewed testimonies from 11 insider witnesses, seven crime-based witnesses, one expert witness, and seven others. One witness said DDS members were 'ghost employees' at Davao City Hall during Duterte's mayoralty, corroborated by a 2013 city government document.
Duterte must attend trial in person under Article 63 of the Rome Statute, according to international law professor Evecar Cruz-Ferrer. He remains detained at the ICC Detention Centre in Scheveningen, which meets international human rights standards. He retains rights to legal counsel, present evidence, remain silent, and presumption of innocence until proven guilty beyond reasonable doubt.
Former Bayan Muna Representative Neri Colmenares hailed the ruling as a victory for victims and international accountability. "Had Duterte won his challenge, it would have served as a model for dictators," he said. Karapatan Secretary General Cristina Palabay called it a "green light" for the trial to proceed.
