Case Explained: Former Philippines president Duterte to face ICC hearing over alleged crimes against humanity – JURIST – Legal Perspective

Former Philippines President Rodrigo Duterte is set to appear before the International Criminal Court (ICC) in a crucial pre-trial hearing next week, a milestone in the long-running international case alleging crimes against humanity linked to Duterte’s administration’s controversial “war on drugs.” The hearing, which will take place from February 23 to 27, has been called a “crucial opportunity for justice” by human rights watchdog Amnesty International. 

“Former President Rodrigo Duterte’s long-awaited day in court is a significant step towards delivering justice for victims and survivors of his administration’s deadly so-called ‘war on drugs’,” Amnesty International Secretary General Agnès Callamard said. “It also reminds the international community that nobody is above the law […].”

Judges of the ICC’s Pre-Trial Chamber will hear evidence in the upcoming week to decide whether there are sufficient grounds to move the case to trial. Confirmation of charges is not, in and of itself, a determination of guilt. Still, the hearing serves to fulfill a procedural requirement under Article 61 of the Rome Statute that assesses whether the prosecutor’s evidence supports the allegations. 

Duterte, who was arrested in March 2025 under an ICC warrant and surrendered to the court in The Hague, faces three counts of the crime against humanity of murder for alleged conduct during his 2016-2022 presidency, and previously as Mayor of Davao City. The charges stem from his administration’s aggressive anti-drug campaign, which rights groups say resulted in thousands of extrajudicial killings of suspected drug users and dealers. 

Secretary General Callamard, in her statement, urged the Pre-Trial Chamber to swiftly confirm the charges and protect witnesses from intimidation, while also calling on the Philippine government to enforce any additional warrants and to pursue its own domestic accountability efforts, in tandem with ICC proceedings:

The government’s surrender of Duterte to the ICC does not absolve it of responsibility to deliver domestic accountability for violations in the ‘war on drugs’. Alongside the ICC, the government must carry out effective investigations against all others suspected of involvement in extrajudicial executions and hold perpetrators accountable in fair trials.

The ICC, in a recent procedural development, allowed Duterte to waive his physical attendance at the confirmation hearing. Despite prosecutorial opposition, the confirmation of charges will proceed in absentia, through Duterte’s legal team and the prosecution, who will present legal arguments and evidence. If the Pre-Trial Chamber confirms some or all of the charges within 60 days of the hearing’s conclusion, the case will advance to a formal trial phase. 

In its statement, Amnesty International characterized the upcoming hearing as a critical test of international accountability mechanisms. Urging the court to ensure rigorous scrutiny of the evidence presented, the organization stressed that this hearing presented a unique, meaningful opportunity to combat impunity and create a lasting impact on broader international criminal law.