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ICC Judges Assess Evidence Against Former Philippine President Duterte in Pre-Trial Hearings

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ICC Hears Evidence Against Former Philippine President Duterte

The International Criminal Court (ICC) is conducting a week-long pre-trial hearing to determine whether there is sufficient evidence to bring former Philippine President Rodrigo Duterte to trial on charges of crimes against humanity. The charges are related to alleged killings during his nationwide anti-drug campaign and his earlier tenure as mayor of Davao City. Duterte, who is not attending the hearings, maintains his innocence.

Current Legal Proceedings

The ICC is holding a "confirmation of charges" hearing for former Philippine President Rodrigo Duterte. The purpose is for judges to assess whether the prosecution's evidence establishes substantial grounds to believe Duterte committed crimes against humanity, specifically murder and attempted murder.

  • The hearing began on a recent Monday and is scheduled to conclude on Friday.
  • Judges are expected to issue a written decision on whether the case will proceed to a full trial within 60 days of the hearing's conclusion.
  • Duterte, 80, exercised his right not to attend the proceedings. The court had previously ruled he was fit to participate, citing opinions from medical experts, but granted his request to waive attendance.

Prosecution's Allegations

ICC prosecutors have presented allegations that Duterte was directly involved in and responsible for a systematic campaign of killings.

Prosecutors allege Duterte committed crimes against humanity as part of a "widespread and systematic attack" on the civilian population.

  • Specific allegations include that Duterte, as president, publicly named individuals alleged to be involved with drugs, and that many of those named subsequently died. A witness reportedly referred to this as a "death list."
  • Prosecutors presented a video in which Duterte stated, "I am the sole person responsible for it all."
  • They allege his involvement in at least 76 specific murders between 2013 and 2018, describing this as a fraction of the total deaths.
  • Further allegations state that poor individuals were frequently targeted and that children were among the victims, with two specific instances described in court.
  • The prosecution contends the killings were "highly organised, planned and coordinated" and would not have occurred without Duterte's "essential contribution."

Defense's Position and Broader Context

Duterte's legal team has rejected the charges and challenged the prosecution's characterization of his statements.

  • Lead defense lawyer Nick Kaufman stated that Duterte "maintains his innocence absolutely" and "stands behind his legacy resolutely."
  • The defense argued that the prosecution "cherry-picked" examples of Duterte's rhetoric, characterizing his public statements as "bluster and hyperbole" not intended to incite violence. They stated he frequently instructed authorities to use force only in self-defense.
  • Duterte has previously denied overseeing a policy of extrajudicial killings and does not recognize the ICC's jurisdiction, citing the Philippines' withdrawal from the court in 2019.

Background on the Anti-Drug Campaign

The ICC's investigation covers two periods:

  1. Alleged crimes in Davao City from November 2011 to June 2016, linked to the so-called "Davao Death Squad."
  2. Alleged crimes nationwide during Duterte's presidency, from July 2016 until March 16, 2019.
  • Duterte was elected president in 2016 after campaigning on a promise to eliminate illegal drugs.
  • During his term, he publicly encouraged civilians to kill drug suspects and suggested police would not be prosecuted for such killings. He also referenced personally killing suspects while mayor of Davao.
  • Estimates of the death toll during his presidency vary. The ICC prosecutor cited estimates between 12,000 and 30,000 killed. Philippine national police reported over 6,000 deaths in official operations.

Reactions and Political Developments

Reactions to the proceedings and Duterte's arrest have been mixed.

Families of individuals killed during the drug campaign have gathered to watch the hearings and have publicly expressed a desire for Duterte to face justice. Some characterized his refusal to attend the hearing as "cowardice."

  • Duterte described his arrest and transfer to The Hague in March of last year as a "kidnapping" facilitated by current President Ferdinand Marcos Jr., alleging a violation of Philippine sovereignty.
  • Duterte maintained significant domestic popularity throughout his presidency. His daughter, current Vice-President Sara Duterte, has announced her intention to run for president in the 2028 election, where polling suggests she is a strong contender. Some victims' families have expressed concern about potential retaliation if she is elected.