Former President Rodrigo Roa Duterte in 2019. Source: Presidential Communications

The recently released document describes the charges which span from 2023 to 2018, with some linked to the war on drugs Duterte launched in 2016. The charges include accusations of his role in 19 murders during his time as mayor of Davao City, as well as killings linked to his presidential campaign against drugs. The ICC's Office of the Prosecutor released a heavily redacted document, dated July 4th 2025. Duterte has been detained in The Hague since March 2025, and the case has faced delays, partly due to questions over his cognitive health.

The charges pertain to killings that took place in the Philippines, with the current legal proceedings happening at the ICC in The Hague, Netherlands. The charges are significant, because they offer the most detailed public account of the killings allegedly connected to Duterte's drug war. However, the progress of the case remains uncertain, as the court is still determining Duterte's fitness to stand trial and deliberating on whether to adjourn the case indefinitely at the request of his legal team.

ICC Charges Duterte with Three Counts of Crimes

The Deputy Prosecutor Mame Mandiaye Niang filed a 15-page document, stating "The Prosecution charges the murders and attempted murders below, although the actual scale of victimization during the charged period was significantly greater, as reflected in the widespread nature of the attack.” The charges are separated in three different counts, with the alleged killings in and around Davao City during Duterte's time as the mayor, charge two is in regards to alleged high-value target killings during his presidency, and charge three is about killings and attempted killings during Duterte's anti-drug campaign, where the victims were alleged lower-level criminals. The alleged perpetrators in the case were supposedly part of a "national network" of members of the police, non-police hit men and officers of the Philippine Drug Enforcement Agency. During his time as mayor of Davao, Duterte build a reputation as a tough, no-sense leader. His 2016 presidential campaign centered around a promise to combat the country's illegal drug trade. When his presidency ended in 2022, human rights organizations and the ICC estimated the death toll from the countries drug war to be around 30,000. Official police reports acknowledge about 7,000 deaths, focusing on those killed during police operations. Duterte denied any wrongdoings, stating that his actions during his presidency were part of efforts to address the country's drug problem.

"The Prosecution charges the murders and attempted murders below, although the actual scale of victimization during the charged period was significantly greater, as reflected in the widespread nature of the attack.”

Start of Trial Uncertain Due to Duterte's Health

In regards to the charges and Duterte’s request in June for interim release due to his deteriorating health, Palace Press Officer Claire Castro said that "We want to be clear that the Marcos Jr. administration is not privy and has no hand to the former President Duterte's ongoing trial before ICC, particularly his request for interim release," adding "however, as part of the legal process, no matter what the ICC decides, we will still respect it." ICC prosecutor Niang said "Duterte, if granted interim release, would be a flight risk, is likely to interfere with the proceedings, and may commit further crimes." Further criticizing the defense for delaying the trial, "by waiting until five months after Mr. Duterte’s initial appearance… to file its challenge regarding his fitness to stand trial."

"However, as part of the legal process, no matter what the ICC decides, we will still respect it."

The possibility of a trial marks a significant chapter in the ongoing debate over Duterte’s presidential legacy. The progress of the case remains unclear, as the court is still assessing Duterte's fitness to stand trial and considering whether to postpone the proceedings indefinitely at the request of his defense team. The possible trial could influence the public's perception on Duterte's legacy, but also international relations and domestic politics.

REFERENCES

Al Jazeera. (2025, March 11). Arrested on ICC warrant: What was Duterte's war on drugs? Al Jazeera. https://www.aljazeera.com

Philippine Star. (2025, October 6). Duterte’s case to proceed 'sooner', ICC prosecutor. The Philippine Star. https://www.philstar.com

Philippine Star. (2025, September 27). Palace hits Duterte lawyer Kaufman for twisting facts in ICC case. The Philippine Star. https://www.philstar.com

Philippine Star. (2025, September 23). 3 counts of crimes: Breaking down ICC’s charges against Duterte. The Philippine Star. https://www.philstar.com

South China Morning Post. (2025, September 25). ICC charges against Duterte expose scale of drug war killings, but road to trial uncertain. South China Morning Post. https://www.scmp.com