ICC prosecutors outline charges vs Duterte
THE International Criminal Court (ICC) opened hearings Monday to decide whether former president Rodrigo Duterte should stand trial for crimes against humanity linked to his deadly anti-drug crackdown.The “confirmation of charges” sessions, taking place over four days, will determine whether there is enough evidence against Duterte to proceed to a trial.The 80-year-old was not present in court in The Hague after it granted a defense request to waive his right to appear, despite judges ruling he was fit to take part.Following the hearings, the judges will have 60 days to issue a written decision on whether he should face a full trial.As Monday’s hearing began, prosecutors outlined allegations that Duterte personally orchestrated and endorsed extrajudicial killings (EJKs) during his tenure as mayor of Davao City and later as president of the Philippines.ICC Deputy Prosecutor Mandiaye Niang presented the framework of the case, detailing evidence suggesting that Duterte played a central role in a campaign of widespread and systematic killings targeting individuals perceived to be involved in illegal drugs and other crimes.The charges cover the period from Nov. 1, 2011 to March 16, 2019, and involve 49 incidents resulting in 78 deaths, including children.“Today marks an important day for international justice, for the people of the Philippines, for the victims, and for this court,” Niang said. “The commencement of the confirmation hearing against Mr. Rodrigo Roa Duterte is a reminder that no individual, regardless of office, is above the law.”The chargesThe prosecution charged Duterte with multiple counts of murder and attempted murder as crimes against humanity, structured into three counts: Count One: Murder of 19 victims — including three children — alleged to be criminals in or around Davao City between 2013 and 2016, carried out by members of the Davao Death Squad (DDS) while Duterte was mayor.Count Two: Murder of 14 high-value targets across the Philippines between July 2016 and July 2017, executed by state actors and others in a so-called National Network during Duterte’s presidency.Count Three: Murder and attempted murder of 45 victims — including 43 killings and two attempted killings — during barangay clearance operations nationwide between July 2016 and September 2018, also by members of the National Network.The prosecution said Duterte is individually criminally responsible as an indirect co-perpetrator, as well as in the alternative, for ordering, inducing, or aiding and abetting the crimes. The charges allege that Duterte:– Designed and promoted the policy of “neutralizing” alleged criminals through violent acts, including murder.– Established, supervised, and authorized the DDS and later the national anti-drug campaign “Double Barrel.”– Provided weapons, logistical support, financial incentives, and promotions to perpetrators.– Personally identified targets and publicly named individuals deemed high-value targets.– Made repeated statements encouraging killings and assuring immunity for law enforcement participants.Niang emphasized that Duterte’s influence over both local and national perpetrators was absolute, citing instances where he temporarily suspended operations in response to public outcry, demonstrating that his instructions were obeyed without exception.Evidence overviewThe prosecution highlighted evidence including witness testimonies, official documents, audiovisual material, and financial records, illustrating that Duterte’s so-called war on drugs resulted in thousands of civilian deaths.Victims were often abducted, mistreated, and denied due process, with some children among the dead. Niang also noted Duterte’s public mocking of victims, pointing to a 2016 speech in which he derided a widely circulated photograph of an extrajudicial killing victim.“His intent and knowledge are shown by multiple statements throughout his mayoral and presidential tenure, promoting the common plan and urging police and even members of the public to kill alleged criminals,” Niang said.Victims’ plea for justiceFilipino human rights lawyer Joel Butuyan, representing 497 victims, expressed deep disappointment over Duterte’s absence in The Hague, describing the hearing as the victims’ “last boat” for justice.“The very deep disappointment of the victims stems from the decision allowing Rodrigo Duterte not to be present at this stage,” Butuyan said. “The sight of Mr. Duterte being confronted with the grave and horrible charges against him would have constituted a vital component of justice for the victims.” Butuyan said domestic avenues for accountability in the Philippines are effectively closed. Citing statements from former Justice secretary and current Ombudsman Jesus Crispin Remulla, he said critical evidence had been erased, leaving victims with no recourse but the ICC.He warned that failure to confirm the charges could embolden Duterte to return to the Philippines as a “conquering hero” and further entrench a culture of impunity. Victims, he said, continue to live in fear due to the pervasive influence of Duterte allies and family members in positions of power, both in the Philippines and among expatriate communities abroad.Next stepsFollowing the opening statements, the prosecution team will present further evidence detailing Duterte’s role in creating and supervising the DDS and exercising authority over national law enforcement. Subsequent sessions will examine the full scope of the evidence, including witness testimonies, official orders, and audiovisual material documenting the killings.The confirmation of charges stage will determine whether there is sufficient evidence for the ICC to formally confirm the allegations against Duterte, potentially setting the stage for trial.Rival demonstratorsRival groups of demonstrators camped outside the court. Patricia Enriquez said it was “a historic moment” for victims of Duterte’s alleged crimes.“It is emotional. It is hopeful. It is also very painful,” the 36-year-old researcher said.“I’m hoping that all the Filipinos and everybody in the world will stand with us, stand with truth, stand with justice and stand with accountability,” she said.Aldo Villarta, a 35-year-old chef, said it was a “slap in the face” for the Philippines that an international court was trying the country’s former leader.“We’ve already suffered so long from colonization,” said Villarta, who also argued that Duterte’s human rights were being infringed by imprisonment.Former presidential chief legal counsel Salvador Panelo said on Monday that he traveled to The Hague primarily as a friend of the former president, offering moral support ahead of the confirmation of charges hearing, and not as a member of the official defense team.In a radio interview, Panelo clarified that he has no formal role in crafting Duterte’s defense, noting that the former president’s legal team had only recently been organized.“For now, I am here as a friend,” Panelo said, explaining that his initial purpose in attending the proceedings was to witness the hearings and, if possible, see Duterte.Duterte’s legal team urged his supporters to remain vigilant and discerning ahead of his ICC confirmation of charges hearing, warning against taking government-aligned media reports at face value.Nicholas Kaufman, Duterte’s lead counsel, said the former president’s Filipino and international legal teams are fully engaged in preparing for the proceedings in The Hague.“Be strong. Watch carefully and don’t believe everything the government’s media tells (sic) you,” Kaufman told Duterte’s supporters in a statement.He described the confirmation stage as a critical point where the ICC assesses whether there is sufficient evidence to proceed to trial — a procedure unique to international criminal tribunals.Kaufman stressed that the defense’s role is not to prove Duterte’s innocence, but to challenge the prosecution’s evidence and argue that there are no substantial grounds to believe the alleged crimes were committed.Duterte’s health and cognitive state remain central to the case. Kaufman said the former president suffers from severe short-term memory loss but retains long-term recollections, and that counsel visits have been regular to guide him through legal strategy.Police on alertThe Philippine National Police (PNP) has placed all of its units under heightened alert in anticipation of possible mass gatherings as the confirmation of charges hearings began.PNP chief Gen. Jose Melencio Nartatez Jr. said the entire police force is monitoring the situation on the ground to ensure the peaceful and orderly conduct of all mass gatherings relating to the former president’s ICC battle.“Our security measures are in place and it is intended to ensure the peaceful conduct of any activity in public places. Regardless of the affiliation of the groups, our personnel will be there to protect their rights and maintain peace and order,” Nartatez said.Nartatez directed regional units to pre-position Civil Disturbance Management teams and ensure medical emergency responders are on standby for possible rallies.The PNP chief also appealed for restraint from both critics and supporters of Duterte. WITH AFP
2026-02-23 16:17:00