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ICC Charges Duterte With Crimes Against Humanity

The former Philippine president faces trial in The Hague amid allegations of mass killings, political controversy, and growing concerns over his health while in custody.

6 min read

On September 22, 2025, the International Criminal Court (ICC) made public a sweeping set of charges against former Philippine President Rodrigo Duterte, marking a historic and controversial moment in the global pursuit of justice for alleged crimes against humanity. The charges, which must still be confirmed by ICC judges before a trial can proceed, allege that Duterte orchestrated thousands of killings from 2011 to 2019, first as mayor of Davao City and later as the country’s president. The case, detailed in official filings and widely reported by outlets such as JURIST and the BBC, is the culmination of years of mounting evidence, international pressure, and fierce debate both inside and outside the Philippines.

The ICC’s prosecution documents paint a grim picture of Duterte’s legacy, particularly his brutal anti-drug campaign. Prosecutors allege that Duterte established so-called “liquidation squads”—collectively known as the Davao Death Squad—while serving as Davao City’s mayor, and that he expanded these operations nationwide after assuming the presidency in 2016. The court’s filing specifically details 49 murder allegations, but human rights groups, including Amnesty International and Human Rights Watch, estimate the true death toll to be far higher. According to their research, over 12,000 suspected drug users and dealers were killed in the first 18 months of Duterte’s national anti-drug campaign alone, with most victims coming from poor families and targeted in police sweeps known as “Operation Tokhang.”

The ICC charge sheet, which had been prepared in July but was only made public in late September, breaks Duterte’s alleged criminal responsibility into three main counts. The first concerns his involvement in the killings of 19 people in Davao City between 2013 and 2016. The second relates to the murders of 14 so-called “high-value targets” across the country during his presidency, while the third charge involves the murder and attempted murder of 45 people during village clearance operations. ICC deputy prosecutor Mame Mandiaye Niang described Duterte as an “indirect co-perpetrator,” stating that the killings were carried out by others, including police, but under a shared plan to “neutralise” those suspected of drug involvement.

Prosecutors also claim that Duterte publicly promised financial rewards for killings and assured perpetrators they would face no consequences, citing a pattern of police fabricating reports and planting evidence on victims. Despite the widespread outcry, Duterte has never apologized for the crackdown, maintaining that his actions were necessary to rid the country of street crime. “He did everything so that our children could walk at night without being hurt or harassed, and Filipinos should judge him, not foreigners,” said Senator Christopher “Bong” Go, a longtime Duterte ally, in a recent Senate address.

Duterte’s arrest by Interpol in Manila in March 2025 and subsequent transfer to The Hague, Netherlands, where the ICC is based, marked the first time in over three years that a suspect had been flown there for trial. He is also the first Asian former head of state to be indicted by the ICC. The Philippines had withdrawn from the ICC in 2019 following the launch of the investigation, but the court maintains jurisdiction over alleged crimes committed before the withdrawal took effect.

As the legal proceedings advance, Duterte’s health and welfare have become a flashpoint in Philippine politics. On September 26, Senator Bong Go, joined by fellow senators Robinhood Padilla and Ronald “Bato” dela Rosa, voiced deep concern over Duterte’s reported deteriorating health in ICC custody. Go, co-author of a Senate resolution urging the Philippine government to seek Duterte’s interim release and house arrest, recounted that Duterte’s legal counsel had reported signs of memory loss and an inability to recognize his surroundings or even family members. “Mr. President, I am extremely concerned about the reported deteriorating health condition of Tatay Digong,” Go said, using Duterte’s popular nickname. “According to his lawyer, Tatay Digong can no longer recall what is happening around him, the place, the date, or even his family. It’s true that even before his arrest, or his surrender by the government, he was already forgetting things.”

Go further alleged that, prior to Duterte’s transfer to The Hague, attempts to send medicine were refused twice and that Duterte’s personal doctor of 20 years has not been permitted to examine him. He also raised concerns about a recent welfare check by embassy personnel in the Netherlands, which he said lacked transparency and coordination with Duterte’s immediate family. “This action, whether lacking transparency and coordination with the immediate family members or for whatever reason, may undermine the integrity of our diplomatic services,” Go warned.

Duterte, now 80 years old, is described as weak and ill by his supporters, who argue that he poses no threat in his current state. “Tatay Digong deserves the same respect and protection he once ensured for others,” Go insisted, urging his colleagues and countrymen to act swiftly. “It will be more harmful if something happens to him there in The Hague, Netherlands.”

The controversy has also reignited debate over the political motivations behind the ICC proceedings. Duterte’s supporters allege that the court is being used as a political tool by current President Ferdinand Marcos Jr., who has had a public falling out with the Duterte family. Critics point out that the ICC has no power to arrest suspects without the cooperation of national governments—a cooperation that Marcos had previously dismissed, making Duterte’s arrest and transfer all the more remarkable.

The Catholic Church in the Philippines, meanwhile, has welcomed Duterte’s arrest and the ICC’s action as a step toward justice. Bishop Jose Colin Bagaforo, president of Caritas Philippines, told Vatican News in March, “For years Duterte has claimed that he is ready to face the consequences of his actions. Now is the time for him to prove it.” Filipino Catholic bishops have called the detention a critical step, reflecting a broader desire for accountability after years of impunity.

Despite his incarceration, Duterte’s political influence remains palpable. In May 2025, he was re-elected mayor of Davao, even while imprisoned in The Hague—a testament to his enduring popularity in parts of the country. His son, Sebastian Duterte, continues to serve as acting mayor in his father’s absence.

While the number of drug-related police killings has reportedly decreased under President Marcos, rights groups say such incidents continue to be reported. The ICC’s prosecution represents a significant test of international justice, the power of the court, and the willingness of states to cooperate in holding former leaders accountable for grave crimes.

As the world watches, the fate of Rodrigo Duterte now rests with the judges of the ICC and the complex interplay of international law, national sovereignty, and political will. The outcome will not only shape the future for Duterte and his victims but could also set an important precedent for the accountability of world leaders accused of serious human rights abuses.

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