The International Criminal Court (ICC) Prosecution has submitted 181 pieces of evidence to the defense team of former Philippine President Rodrigo Duterte, who faces charges of crimes against humanity related to his administration’s “war on drugs.”

The evidence, part of the Prosecution’s “Pre-Confirmation INCRIM package 001,” was provided on March 21, following an order from the ICC’s Pre-Trial Chamber I. This panel includes Judges Iulia Motoc, Reine Alapini-Gansou, and Socorro Flores Liera.

While the disclosed materials encompass forensic reports and other key documents, critical witness testimonies remain undisclosed due to security concerns. Prosecutors have been granted an extension to submit additional evidence from seven key witnesses.

Crimes Against Humanity Charges

Duterte, who served as Philippine president from 2016 to 2022, was arrested on March 11 and extradited to The Hague, where he made his initial appearance before the ICC on March 14. The ICC arrest warrant, issued on March 7, accuses Duterte of murder as a crime against humanity, alleging his involvement in a systematic attack on civilians during the anti-drug campaign.

Official police statistics report over 6,000 deaths resulting from the “war on drugs.” However, human rights groups contend that the death toll could be as high as 30,000.

Although the Philippines withdrew from the Rome Statute in 2019, the ICC retains jurisdiction over alleged crimes committed while the country was still a member, covering incidents from November 1, 2011, to March 16, 2019.

Legal Challenges and Criticism

Duterte’s legal team has rejected the ICC’s authority, describing the case as politically motivated and arguing that local courts should have exclusive jurisdiction over any allegations against the former president. In a separate effort, Duterte’s children—Davao City Mayor Sebastian Duterte, Representative Paolo Duterte, and Veronica Duterte—filed a habeas corpus petition with the Supreme Court, seeking to nullify the ICC proceedings.

Kristina Conti, a lawyer representing victims of Duterte’s anti-drug campaign, dismissed the petition as futile. She stated, “Habeas corpus literally means ‘to bring the body’ of a person held in custody to court. How can Philippine authorities do so when they are not in custody of the body?”

The Supreme Court ruled in 2021 that the Philippines must cooperate with the ICC despite its withdrawal from the Rome Statute. It stated that the country remains accountable for cases initiated before the withdrawal took effect in 2019. The ruling affirmed that alleged crimes committed until March 17, 2019, fall under ICC jurisdiction. This means the Philippines cannot use its withdrawal to evade ICC investigations.

International Legal Process

ICC spokesperson Fadi El Abdallah explained that only ICC judges have the authority to decide on Duterte’s release.

“Any request for release must be submitted to the judges, who will evaluate the risk to witnesses, the integrity of the investigation, and the suspect’s likelihood of appearing in court,” he said.

Despite Duterte’s arrest, the Philippine government maintains its stance of non-cooperation with the ICC. President Ferdinand Marcos Jr. has reiterated his belief that the international tribunal has no jurisdiction over the Philippines, reinforcing the country’s withdrawal from the Rome Statute.

What Lies Ahead?

The ICC has scheduled the confirmation of charges hearing for September 23, 2025, where the prosecution will present its case to determine whether there is sufficient evidence to proceed to trial. If the charges are confirmed, the case will move forward, and Duterte could face life imprisonment if convicted.

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