In a dramatic turn of events at the International Criminal Court (ICC), the legal and human implications of former Philippine President Rodrigo Duterte’s war on drugs are coming into sharp focus as both the defense and the victims’ families prepare for a pivotal pre-trial hearing. The story, which has gripped not just the Philippines but observers around the world, now centers on the voices of hundreds of victims, the legal maneuvers of Duterte’s defense, and the mounting calls for justice and accountability.
On August 15, 2025, Duterte’s lead lawyer Nicholas Kaufman formally withdrew his request to disqualify ICC Prosecutor Karim Khan, ending a contentious debate over Khan’s impartiality. Kaufman had previously argued that Khan’s earlier involvement as a legal adviser for drug war victims posed a “grievous conflict of interest.” However, after receiving clarifications from Khan and the ICC’s appeals chamber, Kaufman reversed his position, stating, “There is no ostensible reason to doubt the prosecutor’s impartiality or his assertions that he is not conflicted on account of his former representation of [redacted]. The defense, for its part, will not impede the smooth running of proceedings by seeking the prosecutor’s disqualification.”
Khan himself explained that his prior role was limited to “participating pro bono in reviewing and presenting the submission” to his predecessor, Fatou Bensouda, and that he “withdrew from the matter and ceased any involvement shortly thereafter.” He emphasized that he had no direct involvement in the initial investigation, including interviews with drug war victims or witnesses. According to Khan, the investigation and evidence review were handled by a separate team of lawyers under the supervision of a deputy prosecutor, not by him. “The obligations of a prosecutor are entirely different from those of a legal team,” Khan argued, adding that his past role would not compromise his impartiality, especially as the evidence has “significantly deepened” over the last seven years.
The legal wrangling comes at a critical moment. Duterte, aged 80, was arrested in the Philippines on March 11, 2025, and transferred to the ICC’s Scheveningen Prison in The Hague just a day later. He faces charges of murder and crimes against humanity for thousands of killings linked to his anti-drug campaign, both as Davao City mayor and as president. Official government records put the number of drug suspects killed during his administration at over 6,000, but human rights groups estimate the true toll could reach as high as 30,000.
As the legal process unfolds, the ICC’s Victims Participation and Reparations Section (VPRS) has confirmed that 303 victims have formally applied to take part in the pre-trial proceedings. These applicants, grouped into three clusters—A, B, and C—were required to submit their applications by early August 2025. Their identities and eligibility were meticulously verified using government-issued IDs and affidavits, and they had to demonstrate not only that they suffered harm, but that this harm was directly linked to the crimes Duterte is accused of.
Many of the stories submitted to the ICC are harrowing. One mother, whose son was killed during the drug war, recounted her journey from supporting Duterte’s tough-on-crime policies to mourning a personal tragedy. “To be honest, I voted for Duterte. I liked his policy,” she shared in testimony relayed by the Philippine Daily Inquirer. “But I didn’t know his policy was that of death … After what happened to my son, the killings continued … I feel like I can never move on.”
The pain and trauma extend far beyond direct victims. Family members, including children, have described the psychological scars left by the campaign. One child, orphaned by the drug war, expressed deep anger: “I am very angry; why it happened to us, why ‘tokhang’ killings happened and robbed children of their parents and their future in general. … When our parents died, no one supported us anymore except our relatives but they were also poor like us and have their own families to feed. So even if we were children then, we had to work also.”
The VPRS has been careful to ensure that the voices of survivors and bereaved families are heard in the proceedings. The section’s report to the Pre-Trial Chamber noted, “Due to the high number of applications and the limited time it had, it decided to relay to the court some of the stories told by family members in their applications, which were not part of the initial batch it had submitted.” The testimonies, submitted by the August 3 deadline, provide a vivid account of the long-term impact of the drug war: depression, prolonged grief, strokes, loss of livelihood, and persistent fear of police retaliation.
Not all in the Philippines support the ICC process. On August 22, 2025, Duterte’s supporters organized a “Bring Him Home” concert-rally in Davao City, marking five months of his detention. Promotional posts shared by Duterte’s official Facebook page called for “justice and freedom for former President Rodrigo Duterte.” The divide between those seeking justice for victims and those rallying for Duterte’s release is stark, reflecting the deep polarization the drug war has left in its wake.
The confirmation of charges hearing is now set for September 23, 2025, and is expected to last up to three days. According to ABS-CBN, during this hearing, prosecutors will present their evidence, the defense will have the opportunity to counter, and legal representatives of victims will make their observations before a panel of judges. The court will then decide whether to dismiss the case or move it forward to a full trial.
The period under scrutiny by the ICC stretches from November 2011, when Duterte was mayor of Davao City, to March 2019, when the Philippines’ withdrawal from the Rome Statute—the treaty that established the ICC—took effect on Duterte’s order. While the formal applications number in the hundreds, the VPRS acknowledges that this is only a fraction of those who wish to participate. The section is prepared to transmit additional applicants if instructed by the Pre-Trial Chamber.
Groups assisting the victims, such as Rise Up for Life and for Rights, have expressed hope that the ICC proceedings will finally bring truth and accountability. “We are yearning for truth and accountability … Duterte’s case at the ICC is a unique opportunity to get justice, not just for the few, but for the majority,” the group said in a statement, adding that they “stand alert to anything that could derail or hinder the process.”
As the world watches, the ICC’s decision on whether to proceed to trial will not only determine Duterte’s fate but will also serve as a test of international justice and the willingness of global institutions to hold powerful leaders accountable for alleged crimes against humanity. For the families of the victims, the coming weeks represent a long-awaited chance to have their voices heard and to seek justice for the pain they continue to endure.
The next chapter in this landmark case will unfold in the Hague’s courtrooms, but its repercussions will be felt most deeply in the streets and homes of the Philippines, where the wounds of the drug war remain fresh and the demand for justice is as urgent as ever.
