ICC Prepares Case Against Duterte Over Drug War Killings

The International Criminal Court (ICC) is gearing up for a pivotal moment in its pursuit of justice over the Philippines’ brutal war on drugs, with former President Rodrigo Duterte facing a confirmation of charges hearing in September 2025. The prosecution, led by Karim Khan, has disclosed a substantial body of evidence—comprising over 8,500 pages of documents, photographs, and nearly 16 hours of audio and video recordings—that could determine whether Duterte stands trial for murder as a crime against humanity. This development marks a significant step in a long-running investigation into the thousands of alleged extrajudicial killings linked to Duterte’s signature anti-narcotics campaign.

Evidence Mounts Ahead of Hearing

The ICC’s Pre-Trial Chamber 1 is set to convene on September 23, 2025, to assess whether the evidence presented by the prosecution warrants a full trial. In a document filed on April 4 and made public on the ICC website, Khan’s team outlined the scale of their case. The initial evidence includes 421 written items totaling 8,565 pages, nine photographs, and almost 16 hours of multimedia recordings. While the specific contents of these materials remain undisclosed, Khan emphasized that the majority of this evidence stems from the application for an arrest warrant issued against Duterte.

Beyond this initial batch, the prosecution is sifting through a staggering 168,575 items collected during the investigation, some of which are still under review. Additional evidence submitted to the defense on March 28 includes 181 items amounting to 2,878 pages, with another 160 items pending limited redactions before disclosure. Khan assured the court that all materials, available in English, Filipino, and Cebuano, will be provided in their original language with English translations where necessary. He also confirmed that the prosecution would finalize its evidence review and disclosure at least 30 days before the hearing.

The scope of the investigation spans from November 1, 2011, to March 16, 2019—a period covering Duterte’s tenure as mayor of Davao City and his presidency, during which the Philippines was a state party to the Rome Statute, the treaty underpinning the ICC. Duterte, arrested on March 11, 2025, and transferred to The Hague, is currently detained in a facility near the ICC headquarters in the Scheveningen district. His defense, led by British-Israeli lawyer Nicholas Kaufman, will also receive potentially exculpatory evidence as required by the Rome Statute, including at least one witness statement that could favor Duterte, though details remain confidential.

Witness Testimony and Protective Measures

The prosecution has indicated that at least two witnesses are likely to testify during the confirmation hearing, though Khan declined to reveal the total number of witness statements to be used. To safeguard their identities, the prosecution plans to request protective measures under the ICC Rules of Procedure and Evidence in the coming weeks. These rules allow the court to implement safeguards for victims and witnesses, particularly those who have endured trauma, ensuring their safety and facilitating their testimony.

The human toll of the drug war remains a central focus of the ICC’s case. Relatives of those killed, often referred to as “indirect victims” by the court, continue to grapple with profound psychological trauma. Their suffering is compounded by ongoing challenges, including online harassment and disinformation campaigns. Sheerah Escudero, whose brother Ephraim disappeared for five days before being found dead in 2017, described the layered pain of loss and public vilification. “It’s like the trauma piles up one after the other—my trauma from the death of my brother, and now the online harassment, bashing, fake news, manipulation of facts” she told the Philippine Daily Inquirer. Despite being labeled a “drug addict who deserves to be beheaded, too” Escudero remains resolute, driven to speak out louder against the killings.

A Long Road to Accountability

The path to this moment has been arduous, marked by years of allegations and legal maneuvers. The ICC first received a formal complaint against Duterte on April 24, 2017, filed by lawyer Jude Sabio on behalf of Edgar Matobato, a self-confessed hitman allegedly linked to the Davao Death Squad. The complaint accused Duterte of orchestrating “continuing mass murder” through his anti-drug campaign. Weeks later, on June 6, 2017, then-Senator Antonio Trillanes IV and former Representative Gary Alejano submitted a supplemental communication urging an urgent ICC probe into the killings.

By February 2018, then-ICC prosecutor Fatou Bensouda initiated a preliminary examination based on reports of crimes potentially within the court’s jurisdiction. This process culminated in September 2021, when Pre-Trial Chamber 1 authorized a full investigation under Khan, Bensouda’s successor, into alleged crimes committed during the drug war. The investigation’s timeline includes Duterte’s years as mayor of Davao, where similar patterns of violence were reported, raising questions about the consistency and scale of his policies over time.

For many Filipinos, the ICC proceedings represent a rare opportunity for accountability after nearly a decade of grief. Escudero expressed cautious optimism about the case, noting the emotional relief of seeing Duterte detained in The Hague. “Somehow, it has eased the weight we’ve been carrying knowing that Duterte is brought to and detained at the ICC … and that he is not here anymore” she said. Her determination to be heard echoes the sentiments of countless others who have lost loved ones to the campaign. “We’ll do whatever we can to be heard” she affirmed, underscoring the resilience of victims’ families in their quest for justice.

Broader Implications for the Philippines

The ICC case against Duterte is not just a legal battle; it is a litmus test for international justice mechanisms in addressing state-sanctioned violence. Duterte’s war on drugs, launched as a flagship policy during his presidency from 2016 to 2022, was touted as a means to curb the proliferation of illegal narcotics. However, it drew widespread condemnation for its apparent disregard for due process, with human rights groups estimating that thousands—potentially tens of thousands—of individuals were killed, many in circumstances suggestive of extrajudicial executions. The exact number remains contested, with official figures often at odds with independent assessments.

If the ICC confirms the charges, the trial could set a precedent for holding high-ranking officials accountable for systemic abuses, particularly in contexts where domestic judicial systems are perceived as compromised or unwilling to act. However, the case also raises complex questions about sovereignty and international intervention. The Philippines withdrew from the Rome Statute in 2019, a move initiated by Duterte himself, casting uncertainty over the ICC’s jurisdiction. While the court maintains authority over crimes committed while the country was a signatory, enforcement of any eventual verdict could face significant political and logistical hurdles.

Challenges and Uncertainties Ahead

Several obstacles loom over the ICC proceedings. The prosecution’s commitment to reviewing and disclosing evidence, including potentially exculpatory material, underscores the delicate balance between building a robust case and adhering to fair trial principles. The protection of witnesses, many of whom may fear retaliation, remains a critical concern, as does the broader climate of intimidation faced by victims’ families like Escudero’s. Online harassment and disinformation campaigns targeting critics of the drug war could further complicate efforts to ensure a transparent and unbiased process.

Moreover, Duterte’s detention in The Hague does not guarantee a conviction. The confirmation hearing is merely a threshold; if charges are not confirmed, the case could stall before reaching a full trial. Even if it proceeds, the defense’s strategy—led by Kaufman, an experienced international lawyer—will likely challenge the admissibility and weight of the prosecution’s evidence, particularly given the redactions and confidentiality surrounding key materials and witnesses.

For now, the focus remains on the September hearing, a moment that could define the trajectory of justice for the drug war’s victims. As Escudero and others wait for answers, their voices serve as a reminder of the human cost at the heart of this legal struggle. “It has given me more reason to speak out and stand up because if we’re not gonna speak, if we’re just gonna let them create false claims against us, what will they think of us?” she asked. Her question lingers as a challenge—not just to the ICC, but to a world watching whether accountability can prevail over impunity.

As the case unfolds, the international community will be closely monitoring whether the ICC can deliver a measure of justice to those who have endured years of loss and trauma, or if the complexities of politics and power will once again overshadow their cries for redress.