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Duterte Faces ICC Charges As Hundreds Seek Justice

With a crucial hearing set for September, victim applications surge and legal battles intensify over the Philippine drug war’s deadly legacy.

6 min read

Former Philippine President Rodrigo Duterte is at the center of a historic and contentious legal battle at the International Criminal Court (ICC) in The Hague, as hundreds of alleged victims seek recognition and the world watches closely. As the confirmation of charges hearing approaches on September 23, 2025, the case has drawn renewed attention to the bloody legacy of Duterte’s war on drugs—and to the complexities of international justice.

Duterte, now 80, has been detained at the ICC detention facility in The Hague since March 11, 2025, following his arrest at Ninoy Aquino International Airport. According to Philnews, Philippine authorities assisted Interpol in detaining Duterte upon his arrival from Hong Kong, after which he was flown to Dubai and then on to the Netherlands. The former president faces accusations of crimes against humanity for his administration’s anti-drug campaign, which left thousands dead and sparked global outrage.

The ICC’s investigation covers a sweeping period—from November 2011, when Duterte was still mayor of Davao City, to March 2019, when the Philippines officially withdrew from the Rome Statute under Duterte’s directive. Government figures put the death toll from the drug war at more than 6,000, but rights groups and ICC prosecutors estimate the real number of lives lost between 2016 and 2019 could be between 12,000 and 30,000. The sheer scale of these numbers has galvanized victims’ families and human rights advocates, both at home and abroad.

In a recent registry report submitted to Pre-Trial Chamber I, the ICC confirmed it has received a total of 322 applications from individuals seeking recognition as victims in the case against Duterte. Of these, 18 applicants stated they are only pursuing reparations and will not participate further at this stage, as reported by the Inquirer. The remaining 304 applications include many family members who claim to have suffered “psychological harm” after losing loved ones in anti-drug operations.

The ICC Registry, which handles non-judicial activities such as outreach and support for the court, submitted 25 applications for victim participation ahead of the upcoming hearing. Of these, 15 were classified as Group A—meaning the applicants clearly qualified as victims within the scope of the case. These 15 applications represent 29 people who provided verified identity, proof of harm, and a direct connection to the alleged crimes committed during Duterte’s anti-drug campaign. The other 10 applications were classified as Group B, falling outside the temporal or material scope of the alleged crimes. Applications for which the Registry could not make a clear determination—Group C—were transmitted separately on August 20, 2025.

The ICC’s Victims Participation and Reparations Section (VPRS) has played a central role in registering and assessing these applications, ultimately narrowing the pool to 304 after excluding duplicates and withdrawn requests. So far, 35 applications have been formally elevated to the Pre-Trial Chamber, though details remain confidential and are not accessible to Duterte’s defense team. This confidentiality, while standard in ICC proceedings, has prompted questions about transparency and fairness from some quarters.

The upcoming confirmation of charges hearing will see Pre-Trial Chamber I—composed of Presiding Judge Iulia Antonnella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge María del Socorro Flores Liera—consider both the Registry’s report and the observations of the Office of Public Counsel for Victims (OPCV). The OPCV, led by Principal Counsel Paolina Massidda, recently opposed a Registry proposal to monitor lawyers representing victims, describing it as “inappropriate and without legal foundation.” Massidda argued, “It is not the Registry’s role to monitor how appointed legal representatives fulfill their mandate.” She warned that such oversight would violate counsel independence and compromise the Registry’s neutrality.

Massidda further stressed that all ICC lawyers are already bound by a strict Code of Professional Conduct, which requires them to act in good faith, consult with clients, and keep them informed. She advocated for a combination of OPCV lawyers and external counsel, particularly from the Philippines, citing their cultural knowledge and better access to affected communities. According to her, this approach would provide more meaningful representation for victims.

Meanwhile, both prosecutors and defense lawyers have agreed on several basic facts, including Duterte’s birthdate, birthplace, nationality, and the definition of a barangay—the Philippines’ smallest government unit. These joint submissions, published on the ICC website on September 1, 2025, reflect an attempt to streamline the proceedings ahead of what is expected to be a complex and emotionally charged hearing.

Inside the ICC detention facility, Duterte’s family has been taking turns visiting him. According to Philnews, all four Duterte siblings—Vice President Sara Duterte, Davao City 1st District Congressman Paolo Duterte, acting Davao City Mayor Baste Duterte, and Kitty Duterte—were recently allowed to visit their father together. After the visit, Sara Duterte remarked that her father was “really happy” to see them and that it had been his request for them to visit as a group. However, she also revealed that the ICC barred them from revealing information about their visits, saying, “We were reminded of the rules but I assure you my father is still alive inside the ICC detention facility.”

Outside the courtroom, the case remains deeply divisive in the Philippines. Supporters of Duterte argue that his drug war was a necessary response to rampant crime and drug abuse, crediting him with bringing order to communities long plagued by violence. Critics, however, see the campaign as a brutal crackdown that trampled on human rights and left a legacy of trauma for thousands of families. The sheer number of victim applications—322 and counting—underscores just how polarizing the issue remains.

As the September 23 hearing approaches, the ICC is expected to examine evidence against Duterte for alleged crimes against humanity, including murder linked to the drug war. The confirmation of charges hearing will determine whether the case moves forward to trial—a decision with far-reaching implications for international justice and for the Philippines’ own reckoning with its recent past.

Vice President Sara Duterte, for her part, is set to visit Japan again before the hearing, according to Philnews. While details of her trip remain private, her continued public presence highlights the Duterte family’s enduring influence in Philippine politics, even as the former president stands trial in The Hague.

The ICC has released a public, redacted version of the Registry’s filing, while full reports and annexes remain confidential in accordance with court regulations. For now, all eyes are on The Hague, where the fate of one of the Philippines’ most controversial leaders—and the quest for justice by hundreds of alleged victims—hangs in the balance.

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