Former Philippine President Duterte Faces International Criminal Court as Accusers and Supporters Converge in The Hague

THE HAGUE, Netherlands – In a landmark moment for international justice, former Philippine President Rodrigo Duterte is currently facing pre-trial hearings at the International Criminal Court (ICC) in The Hague, drawing a stark line between accusers seeking accountability for his "war on drugs" and a fervent base of supporters denouncing the proceedings as politically motivated. The intense atmosphere outside the court reflects the deep divisions that persist over Duterte's controversial six-year presidency, with hundreds of Filipinos gathering to voice their contrasting narratives.

The week-long confirmation of charges hearing, which commenced on February 23, 2026, and is set to conclude today, February 27, 2026, is a pivotal stage in the ICC's investigation. Prosecutors are presenting evidence to convince judges that there are substantial grounds to proceed to a full trial on charges of crimes against humanity. Duterte was arrested on March 11, 2025, and subsequently transferred to the Netherlands after an ICC warrant was issued. His arrival marked the first time a former Philippine president has faced an international tribunal, underscoring the global reach of the court's mandate.

The Allegations: A Brutal Campaign Against Humanity

The core of the ICC's case against Duterte revolves around his aggressive campaign against illegal drugs, which human rights groups and victims' families contend led to widespread extrajudicial killings. Prosecutors have formally charged Duterte with three counts of crimes against humanity, specifically murder and attempted murder. These allegations span from November 2011 to March 2019, covering periods when Duterte served as mayor of Davao City and later as president of the Philippines.

According to the prosecution, Duterte played a "pivotal" role, acting as an "indirect co-perpetrator" in orchestrating a campaign of violence. This allegedly involved issuing orders to police and other "hitmen," purportedly forming what became known as the "Davao Death Squads," to "neutralize" suspected drug personalities. The charges detail the murders of 19 individuals in Davao City between 2013 and 2016, the assassination of 14 "high-value targets" in 2016 and 2017, and the killings of 43 alleged low-level drug dealers or addicts between 2016 and 2018 during his presidential term. Prosecutors claim Duterte incentivized these killings with payments and promised protection from prosecution. Estimates of the death toll during the drug war vary significantly, with government figures reporting over 6,000, while human rights organizations suggest numbers as high as 30,000.

A Battle for Jurisdiction: The Philippines and the ICC

A significant legal hurdle throughout the proceedings has been the question of the ICC's jurisdiction over Duterte. The Philippines officially withdrew from the Rome Statute, the treaty establishing the ICC, on March 17, 2019, a year after Duterte announced his intention to do so. His defense team has repeatedly challenged the court's authority, arguing that the ICC lost its right to prosecute once the Philippines exited the treaty.

However, the ICC has consistently affirmed its jurisdiction, asserting that it retains authority over alleged crimes committed while the Philippines was still a state party, specifically from November 1, 2011, to March 16, 2019. Judges have rejected the defense's arguments, stating that countries cannot "abuse" their right to withdraw to shield individuals from justice for crimes already "under consideration" by the court. The Philippine Supreme Court, in a 2021 ruling, also indicated the country's obligation to cooperate with ICC proceedings. Despite the current Philippine administration under President Ferdinand Marcos Jr. initially maintaining a stance of non-cooperation, it acknowledged in November 2024 that it could not prevent investigators from acting independently and would surrender Duterte if indicted.

Emotional Divides: Victims Seek Justice, Supporters Demand Release

The proceedings in The Hague are intensely emotional, drawing passionate responses from both victims' families and Duterte's loyal supporters. Outside the court and at the detention center near Scheveningen Prison, scenes of protest and solidarity have become a regular fixture.

Victims' families, many of whom have endured years of grief and frustration, view the ICC proceedings as their last hope for justice. Legal representatives for 539 victims are participating in the hearings, a distinctive feature of ICC proceedings that allows direct victim involvement. Their presence underscores the human cost of the drug war, with many expressing relief and hope that the international court will finally hold those responsible accountable.

Conversely, hundreds of Duterte's supporters, some traveling from across Europe, have gathered to protest his detention and demand his return to the Philippines. Waving Philippine flags and carrying placards, they chant "send him back" and sing songs associated with the former president, viewing him as a strong leader unfairly targeted by international institutions. They argue that the ICC's actions are an affront to Philippine sovereignty and that Duterte's arrest was unlawful. Vice President Sara Duterte, the former president's daughter, has been actively involved in organizing his defense and visited her father in The Hague.

The Road Ahead: A Critical Turning Point

The confirmation of charges hearing is a critical juncture. During these sessions, prosecutors are presenting their comprehensive case, while Duterte's defense team, led by British-Israeli lawyer Nicholas Kaufman, is challenging the evidence and arguing for the dismissal of charges. The defense has also previously raised concerns about Duterte's fitness to stand trial due to cognitive decline, although judges ruled last month that he is indeed fit.

Following the conclusion of this week's hearings, the ICC judges will have up to 60 days to deliberate and issue a written ruling. They have several options: they can confirm all or some of the charges and commit the case to a full trial, decline to confirm the charges and terminate proceedings, or adjourn the hearing to request additional evidence or amendments. The decision will set a significant precedent for international accountability and has profound implications for the thousands of families affected by the Philippine drug war, as well as for the future relationship between the Philippines and the International Criminal Court. The world watches keenly as this historic legal battle unfolds on the global stage.