In a case that continues to grip both the Philippines and the international community, former President Rodrigo Duterte remains at the center of legal and political storms as he awaits his fate at the International Criminal Court (ICC) in The Hague. Recent filings, government statements, and public protests have all added new twists to a saga that began with his controversial anti-drug campaign and now unfolds on the world stage, raising questions about justice, accountability, and political power in the Philippines.
On July 4, 2025, ICC prosecutors formally charged Duterte with three counts of crimes against humanity for murder, alleging his direct responsibility for killings that occurred during his time as vice mayor and mayor of Davao City and throughout his presidency from 2016 to 2022. According to court documents cited by TIME, the charges stem from a deadly crackdown on illegal drugs that, by official Philippine Drug Enforcement Agency figures, left more than 6,000 dead, though human rights groups estimate the real toll could be as high as 30,000.
The ICC’s charge sheet—heavily redacted but damning—details a "common plan or agreement to ‘neutralise’ alleged criminals in the Philippines... through violent crimes including murder." Prosecutors allege Duterte ordered and abetted these killings, with involvement from both national police and "high-ranking" government officials. The first count focuses on 19 killings in Davao City from 2013 to 2016, allegedly carried out by police and non-police hitmen known collectively as the DDS. The second count centers on the murders of 14 so-called "high-value" targets during Duterte’s presidency, with police reportedly offered rewards of up to one million Philippine pesos (over $17,000) per killing. The third count charges Duterte with 43 murders and two attempted murders during village-level drug operations between 2016 and 2018.
Duterte’s arrest in Manila on March 12, 2025, and subsequent transfer to The Hague marked a dramatic turning point for victims’ families, who have long criticized the lack of due process and the disproportionate targeting of the poor in Duterte’s campaign. Yet, as the legal process moves forward, his defense team has launched a multi-pronged effort to delay or derail the proceedings. On August 18, 2025, Duterte’s chief counsel Nicholas Kaufman requested that all legal proceedings be adjourned indefinitely, citing "cognitive impairment in multiple domains" that allegedly left Duterte unfit to stand trial. Kaufman argued that these deficiencies affected Duterte’s memory, executive functioning, and reasoning abilities. The ICC’s Pre-Trial Chamber I responded by postponing the confirmation of charges hearing, which had been set for September 23, 2025, with no new date announced.
Meanwhile, Duterte’s legal team has repeatedly sought his interim release, contending that the 80-year-old former president is not a flight risk and is willing to cooperate fully with the ICC. Their plea, first formally submitted on June 12, 2025, emphasized that Duterte "will not abscond," "will not imperil proceedings," "will not continue to commit crimes," and that "humanitarian factors militate in favor of interim release." Kaufman has also pointed out that Duterte is no longer in a position of power, writing, "Duterte is no longer the President of the Philippines, and does not command the same influence or power he is said to have abused during the period of the alleged crimes."
The question of whether the Philippine government would support or oppose Duterte’s interim release has become a flashpoint. On September 26, 2025, Kaufman notified the ICC that Malacañang would not oppose Duterte’s release to an undisclosed third country. He cited remarks from Palace press officer Claire Castro, who, during a September 24 press briefing, stated, "So, if this is good news for them and whatever the decision of the International Criminal Court, the government of President Ferdinand Marcos, Jr. will accept it." Kaufman interpreted this as the government "now contemplat[ing] without objection" the possibility of Duterte’s interim release.
Yet, the Marcos administration quickly pushed back against this characterization. On September 27, 2025, Castro accused Kaufman of "twisting facts" regarding the government’s stance. She clarified, "Again with emphasis… 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. However, as part of the legal process, no matter what the ICC decides, we will still respect it." According to GMA Integrated News, Castro maintained that while the government would respect the ICC’s decision, it was not actively supporting Duterte’s request.
The defense has also claimed support from abroad. Vice President Sara Duterte, Duterte’s daughter, stated on September 20, 2025, that a third country—though not Japan—had agreed to accept her father should the request for interim release be granted. The defense cited the vice president’s frequent travels to The Hague as evidence of diplomatic progress, though the specific country willing to host Duterte remains unnamed.
Duterte’s legal team has not stopped at questions of fitness or interim release. They have also attempted to challenge the legitimacy of the proceedings themselves, seeking to disqualify two ICC judges and Chief Prosecutor Karim Khan. The court rejected the motions against the judges, noting "no actual nor reasonable apprehension of bias arises in respect of" them. Kaufman later retracted his bid to disqualify Khan, who has been on leave since May amid unrelated allegations.
As legal wrangling continues, the case has sharply divided public opinion in the Philippines. The Duterte family, which has argued that the charges are politically motivated, still commands significant popularity. Pro-Duterte supporters staged protests in The Hague on September 21, 2025, demanding his release and repatriation, and even calling for President Marcos’s resignation. Meanwhile, families of the drug war’s victims, some of whom traveled to The Hague to attend the proceedings, voiced frustration at the latest postponement. Kristina Conti, counsel for the victims, described their feelings as "like when you’re about to throw up, but it gets stuck in your throat." Despite the setback, Conti said, "They told me, ‘Ma’am, if we could wait 8 years, 9 years to see Duterte imprisoned, then we could wait until he stands trial.’"
With no new date set for the confirmation hearing and questions swirling over Duterte’s health, legal fate, and political legacy, the world is left watching as the search for accountability in the Philippines’ bloody drug war continues to play out on the international stage.
