ICC charges Rodrigo Duterte with crimes against humanity

The International Criminal Court has charged former Philippine president Rodrigo Duterte with crimes against humanity, alleging he bears indirect criminal responsibility for a pattern of killings linked to his anti-drug crackdown. Prosecutors say the case focuses on a policy-like approach in which violence was used to suppress perceived criminality, with killings carried out by others under his direction or with his knowledge.

Prosecutors say the three-count indictment covers actions during both his time as mayor of Davao City and his presidency. One count relates to 19 killings in Davao City between 2013 and 2016 when Duterte was mayor. The second count covers the murders of 14 high-value targets across the country during Duterte’s presidency from 2016 to 2022. The third covers the murder and attempted murder of 45 people in village clearance operations. The charge sheet, dating from July, was only made public on Monday. ICC deputy prosecutor Mame Mandiaye Niang said Duterte was an "indirect co-perpetrator" in the killings, which prosecutors say were carried out by others, including police.

The court asserts that Duterte and his alleged co-perpetrators "shared a common plan or agreement to 'neutralise' alleged criminals in the Philippines (including those perceived or alleged to be associated with drug use, sale or production) through violent crimes including murder." Duterte has offered no apologies for the crackdown, which activists say claimed thousands of lives, with official tallies showing more than 6,000 people killed and rights groups arguing the real toll could be much higher.

Duterte is the first Asian former head of state to be indicted by the ICC, and the first suspect to be flown to The Hague, where the court is based, in more than three years. He has been in custody at the ICC’s detention facility since March. His lawyers say he is not able to stand trial because of poor health. In May, Duterte was elected mayor of Davao again, despite his imprisonment, with his son Sebastian, who had been serving as mayor since 2022, continuing on as acting mayor.

Supporters have argued that the ICC is being used as a political tool by the Philippines’ current president, Ferdinand Marcos Jr., who has publicly clashed with the Duterte family. The ICC’s arrest powers depend on cooperation from states, and Marcos had previously dismissed the idea of cooperating with the court.

Legal and international observers emphasise that ICC charges are not verdicts and do not carry a presumption of guilt. If the case proceeds, prosecutors will present evidence to support the charges, while Duterte would have opportunities to contest the allegations and present his own defense. The proceedings could unfold over many months or years, and outcomes will hinge on international cooperation and the court’s assessment of the evidence presented.

The indictment marks a milestone for the ICC’s reach in Asia and underscores ongoing debates about accountability for state-sanctioned violence. While the court has invoked jurisdiction in this case, its practical enforcement relies on the cooperation of the Philippines and other states to arrest and bring Duterte to trial. The proceedings will continue to unfold in The Hague as investigators compile more material and the defense mounts its responses.