Judges at the International Criminal Court (ICC) have begun pre-trial proceedings against former President Rodrigo Duterte, who has been formally charged with multiple counts of murder and attempted murder as crimes against humanity in connection with his anti-drug campaign.

The charges, filed by ICC prosecutors, cover alleged killings that took place between 2013 and 2018, spanning Duterte’s tenure as mayor of Davao City and later as president of the Philippines.

According to the ICC Office of the Prosecutor, Duterte faces three counts of crimes against humanity:

● Count One: The alleged murder of 19 individuals, including three children, in Davao City between 2013 and 2016, reportedly carried out by members of the so-called Davao Death Squad.
● Count Two: The alleged murder of 14 individuals described as “high value targets” nationwide between 2016 and 2017, involving a network said to include state actors.
● Count Three: The alleged murder of 43 individuals and attempted murder of two others during barangay clearance operations between 2016 and 2018.

The former president was not present during Monday’s proceedings but was represented by legal counsel.

Prosecutors Disappointed Over Duterte’s Absence, Assert Role in Crimes

Prosecutors allege that Duterte bears individual criminal responsibility as an indirect co-perpetrator under Article 25(3)(a) of the Rome Statute, which established the court. In the alternative, he has also been charged with ordering, inducing, and/or aiding and abetting the crimes under Articles 25(3)(b) and 25(3)(c).

Opening the prosecution’s case, ICC Prosecutor Mame Mandiaye Niang said the former president played a central role in the alleged crimes. “His contribution was essential as he was at the very heart of the common plan to neutralize alleged criminals in the Philippines, including through murders,” Niang said during his opening statement at the confirmation of charges hearing.

Niang told the chamber that Duterte had personally identified some targets and provided “moral and financial support, as well as logistics support” for operations that allegedly resulted in victims being “brutally murdered.” He added: “Unlike Mr. Duterte, who is represented by his counsel here today, they were deprived of any form of due process. The loss of every single one of these victims had the most profound impact on their families, their friends, and ultimately their communities.”

While acknowledging that the court could not reverse the loss suffered by families, Niang said the proceedings could help establish accountability. “Bring a sense of justice.” He added that the start of the confirmation of charges hearing served as a reminder that those in positions of authority are not beyond the reach of the law, and argued that the case should proceed to trial.

Victims’ Counsel Expresses Concern

Representing victims of the anti-drug campaign, lawyer Joel Butuyan also delivered an opening statement expressing concern over the court’s decision allowing the former president to be absent at this stage of proceedings. “We communicate the very deep disappointment of the victims at the decision allowing Rodrigo Duterte not to be present in this stage of confirmation of charges,” Butuyan said.

He emphasized that Duterte’s presence would have been a vital component of justice for victims’ families, many of whom view the case as their “last boat” in seeking accountability for loved ones killed in the anti-drug campaign.

“In fact, if Mr. Duterte could threaten to slap the judges of this Court [the ICC], imagine the kind of terror-filled threats and the violent actions that can easily be used against the victims if the suspect walks free from this Court,” Butuyan said.

He further alleged that the former president was the mastermind behind the killings and had created “clones” of himself by shaping individuals into perpetrators who carried out violent acts.

Butuyan urged the ICC chamber to confirm the charges, saying victims had no other avenue for justice.

📷 Screenshot from ICC youtube