ICC begins pre-trial hearing on Duterte’s crimes against humanity charges

THE International Criminal Court (ICC) on Monday formally opened the confirmation of charges hearing against former Philippine President Rodrigo R. Duterte, setting in motion the pre-trial process that will determine whether he will face trial for alleged crimes against humanity.

Mr. Duterte, 80, did not appear in The Hague courtroom, either in person or via video link, having formally waived his right to be present. He was represented by his legal team, led by Nicholas Kaufman, assisted by Dov Jacobs and several other lawyers.

Presiding Judge of the Pre-Trial Chamber I, Iulia Antoanella Motoc, opened the session by clarifying the legal standards of the hearing, noting that the suspect is considered innocent until proven guilty.

“The Chamber shall not take any decision with regard to the guilt or innocence of Mr. Duterte during this hearing,” Ms. Motoc said in a live-streamed proceeding.

She added that the prosecution bears the burden of producing sufficient evidence to prove the charges.

According to an ICC briefer, the hearing is part of the ICC’s pre-trial process to determine whether there is enough evidence to move the case forward.

Over 500 victims are authorized to participate in the proceedings, represented by the common legal representatives, including Joel R. Butuyan, Gilbert T. Andres, and Paolina Massidda.

The Office of the Prosecutor (OTP), represented by Deputy Prosecutor Mame Mandiaye Niang, outlined three distinct counts of murder and attempted murder occurring between November 2011 and March 2019.

The first count concerned the murder of 19 victims, including three children, in Davao City between 2011 and 2016, which were allegedly carried out by the Davao Death Squad while Mr. Duterte was Mayor. The second count detailed the murder of 14 victims labeled as “high-value targets” across the Philippines between July 2016 and July 2017.

The third count involved the murder of 43 individuals and the attempted murder of two others during “barangay clearance operations” nationwide from 2016 to 2018.

“While this court cannot reunite victim with their loved one, it can help reveal the truth about what happened to them and bring a sense of justice to the victim,” Mr. Niang said.

“The charge before you today are serious, and the evidence submitted require their confirmation and Mr. Duterte must be held to account and this case should be confirmed for trial,” he added.

The prosecution alleges that Mr. Duterte sat at the “apex of the political power structure” and wielded de facto control over law enforcement and state-linked perpetrators.

“Mr. Duterte was well aware of the authority he had over the perpetrators,” Mr. Niang said, pointing to the former president’s ability to suspend operations following public outcries as proof of his command. He also relied on Mr. Duterte’s own public declarations and presented evidence that viewed his “shoot-to-kill orders and rewards” as “legitimate tools of government to fight lawlessness.”

The legal representatives for the victims conveyed disappointment over Mr. Duterte’s absence from the courtroom, arguing that his presence would have been a “vital component of justice.”

Addressing the Chamber, Mr. Butuyan described the case as the “last boat the victims can board” for justice, citing statements from Philippine officials that suggested domestic avenues were effectively blocked.

He quoted former Justice Secretary Jesus Crispin C. Remulla, who reportedly admitted that “everything that could be erased was erased” to prevent cases from moving forward in local courts.

The victims’ representatives also warned of a “virus of impunity” and expressed concern that if the charges are not confirmed, Mr. Duterte would be portrayed by followers as a leader who “vanquished the ICC.”

He added the continued political influence of the Duterte family, noting that the “mini-Dutertes” occupying various government positions contribute to a climate of fear for those participating in the proceedings.

Mr. Duterte has been held at the ICC detention center in Scheveningen District, The Hague, since his transfer on March 12, 2025.

The Pre-Trial Chamber, composed of three judges, will issue a ruling within 60 days after the week-spanning hearing, which could confirm, reject, or revise the charges.

If charges are confirmed, the case will move to a newly constituted Trial Chamber, with judges who were not involved in the pre-trial stage.

Senator Christopher Lawrence “Bong” T. Go, a longtime aide and close ally of the former president, expressed support for the defense and called for solidarity and composure as the proceedings move forward.

“I am calling on our fellow citizens to remain calm, trust in the legal process, and not lose hope. In the end, our unity and faith will open the way for us to see the real truth,” Mr. Go said in a statement in Filipino. — Erika Mae P. Sinaking