Duterte charged with murder before ICC, prosecutors say

The International Criminal Court formally charged former Philippine President Rodrigo Duterte with three counts of crimes against humanity for murder, court documents released Monday show. The 80-year-old Duterte has been detained in The Hague since his March arrest in Manila. Prosecutors say the charges cover killings during his anti drug crackdown when he was city mayor of Davao and during his presidency from 2016 to 2022, as investigators say the scope of violence extended across the country. The charges come after Duterte was arrested earlier this year and indicate the court’s decision to pursue accountability for alleged state sanctioned violence tied to the drug war on multiple levels.

Prosecutors say from November 2011 to March 2019 Duterte and his co-perpetrators shared a common plan or agreement to neutralize alleged criminals in the Philippines through violent crimes including murder. The document notes that Duterte possessed individual criminal responsibility for ordering and abetting the killings, which involved members of the national police and high ranking government officials. The charge sheet redacts the identities of many alleged co-perpetrators. Prosecutors also note that the actual scale of the victimization during the charged period was significantly greater, reflecting the widespread nature of the attacks. Official tallies vary: Philippine authorities say more than 6,000 people were killed in anti illegal drug operations, tracked by the Philippine Drug Enforcement Agency, while human rights groups have estimated the toll to be far higher.

Counts detail how prosecutors frame the alleged conspiracy and the scale of the alleged crimes. The first count involves the Davao City police and non police hitmen, collectively called DDS, in 19 killings across nine incidents from 2013 to 2016 when Duterte was the city mayor and the DDS allegedly operated as the local hit squad. The second count covers a National Network similar to the DDS that prosecutors say included personnel from the national police, the drug enforcement agency, the National Bureau of Investigation, non police assets, and hitmen, and was behind the murder of 14 high-value targets linked to drug manufacturing or drug syndicates. Police who killed a target could receive rewards, prosecutors say, that could reach up to one million Philippine pesos (more than $17,000). The third count charges Duterte with the murder of 43 people and the attempted murder of two others after village level drug clearance operations conducted across the Philippines from 2016 to 2018.

Ahead of possible trial, Duterte’s legal team has sought to block or delay proceedings on multiple fronts. In an August 18 filing, Duterte’s chief counsel argued for indefinite adjournment, citing cognitive impairment in multiple domains that could affect memory, executive function, and complex reasoning. The request prompted the ICC’s Pre-Trial Chamber I to indefinitely postpone a confirmation of charges hearing scheduled for Sept. 23. Other defense strategies have included seeking interim release, arguing Duterte no longer poses a flight risk, and attempts to disqualify two Pre-Trial Chamber I judges and ICC Chief Prosecutor Karim Khan, who has been on leave since May amid sexual misconduct allegations. The defense later retracted the disqualification bid against Khan.

Filipino reactions have been mixed and highly political. By June, Duterte’s supporters and members of his family remained influential in the Philippines, where the sitting government of President Ferdinand Marcos Jr. has had tense relations with the Duterte camp. Vice President Sara Duterte, Duterte’s daughter, has said a third country has expressed interest in hosting her father, a claim that has added to the political maneuvering surrounding the case. In The Hague, demonstrators gathered in support of Duterte, while families of victims pushed for a timely resolution of the charges. Advocates for victims have attended hearings, and a lawyer representing families described the postponement as painful for those hopeful for accountability. Kristina Conti, one of the lawyers for victims, said that requests for interim release should be denied given the Duterte family’s influence in the Philippines. She also conveyed the emotional toll on families who traveled to The Hague to attend proceedings and expressed frustration with repeated delays.

The ICC’s case against Duterte centers on the broader question of how to apply international law to state‑backed or state-endorsed violence linked to anti crime campaigns. Prosecutors maintain that the charges reflect a systematic approach to neutralize suspects through deadly force, while the defense emphasizes the limits of accountability for acts conducted while Duterte held various offices in the Philippines. The court previews further proceedings as it weighs whether Duterte is fit for trial and how to navigate the complex evidence and potential bias concerns that have arisen in prior weeks. The global community will be watching as the case unfolds, underscoring the ICC’s role in addressing alleged crimes against humanity that cross national borders and time, and the ongoing struggle to balance national sovereignty with international judicial accountability.