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27 August 2025

Duterte Faces ICC Hearing As Philippine Politics Roil

With the former president detained in The Hague, shifting police leadership and human rights probes deepen the nation’s reckoning over the drug war.

The political landscape in the Philippines has been thrust into the international spotlight once again, as the country grapples with the aftermath of former president Rodrigo Duterte’s controversial war on drugs. With the confirmation of charges hearing at the International Criminal Court (ICC) scheduled for September 23, 2025, tensions are mounting among political factions, law enforcement, and human rights advocates. The hearing, to be held in The Hague, marks a pivotal moment in the pursuit of accountability for thousands of deaths linked to Duterte’s anti-drug campaign.

On August 26, 2025, Atty. Nicholas Kaufman, lead counsel for Duterte’s defense, addressed the media in The Hague to outline the team’s strategy for the upcoming hearing. Kaufman emphasized the importance of this pre-trial phase, noting, “This is when the prosecution gets the first opportunity to present their case, and the defense gets their first opportunity to challenge the prosecution evidence.” According to Kaufman, both sides will have 30 minutes each for opening and closing statements, with several hours allotted for legal arguments. The prosecution must convince the judges that there are “substantial grounds to believe” that Duterte committed the alleged crimes—a standard higher than reasonable suspicion but lower than proof beyond a reasonable doubt, as Kaufman explained to reporters, according to Manila Bulletin.

The outcome of this hearing will determine whether the case proceeds to a full trial, where witnesses will testify and evidence will be rigorously tested. However, before the hearing, Duterte’s defense is hoping for rulings on two critical petitions: a jurisdiction challenge and a request for interim release. Kaufman stated, “We hope that the former president will be released. We believe he should be released, and we hope that it will happen.” He also dismissed reports of over 300 witnesses being lined up against Duterte, clarifying, “That is double the amount that I'm aware of, so I don't know where these extra 150 have come from.”

Duterte’s arrest on March 11, 2025, by Philippine authorities marked a dramatic shift in the country’s approach to accountability. The former president, now detained at Scheveningen Prison in The Hague, faces charges of crimes against humanity for his role in the anti-drug campaign—an operation that, according to government records, resulted in over 6,000 deaths. Human rights organizations, however, estimate the true toll may be as high as 30,000, citing unreported incidents and extrajudicial killings, as reported by GMA Integrated News.

The Commission on Human Rights (CHR) in the Philippines has signaled its willingness to cooperate with the ICC investigation, provided requests align with its mandate. CHR Chairperson Richard Palpal-latoc told GMA News Online, “It is actually part of our mandate, but it depends actually on the nature of the request and the cooperation being requested. As long as it is in accordance with our mandate, it’s possible.” The CHR is currently conducting its own probe into the drug war, with plans to release an initial report covering 400 cases by November 2025. Progress, however, is hampered by the availability of evidence and limited data sharing from police agencies.

Efforts to formalize cooperation between the CHR and the Philippine National Police (PNP) have faced delays. A memorandum of agreement for data sharing and collaboration was nearly finalized, but a sudden change in PNP leadership stalled the process. “It was actually supposed to be signed already, but there was a sudden change in the PNP leadership. Of course, we understand that a change in leadership could also mean a shift in priorities. Still, we will continue to work with the PNP,” Palpal-latoc explained. The CHR hopes the agreement will eventually facilitate more comprehensive investigations, including those involving drug war victims.

The leadership shakeup within the PNP has itself become a flashpoint for political controversy. Sebastian "Baste" Duterte, acting mayor of Davao City and son of the former president, publicly criticized the relief of Police General Nicolas Torre III as PNP Chief, calling it a demotion and attributing it to “internal conflict” within the current administration. During a family visit to the ICC detention center in The Hague, Baste Duterte claimed that any new PNP Chief would be tasked with targeting the Duterte family and their supporters. “For sure, if a new chief PNP is appointed, there’s an order to go after us. That’s always the case. You don’t become chief PNP unless you do something foolish against us Dutertes and our supporters,” he asserted, as reported by KAMI.com.gh.

General Torre’s brief tenure as PNP Chief was marked by high-profile events, including the arrest of former president Duterte and Pastor Apollo Quiboloy in March 2025. The dynamic between Torre and the Duterte family was fraught, with Torre even accepting a public boxing match challenge from Baste Duterte—a spectacle that ultimately never took place. The Duterte family, including Vice President Sara Duterte, Paolo Duterte, and Veronica Duterte, traveled to the Netherlands in August 2025 to visit their patriarch at the ICC detention center.

As the ICC hearing approaches, the question of reparations for victims of the drug war has gained renewed attention. ABS-CBN, the Philippines’ leading media and entertainment company, highlighted ongoing discussions about possible reparations for those affected by the previous administration’s policies. While concrete details remain scarce, the topic underscores the broader quest for justice and healing in the wake of a violent and divisive chapter in Philippine history.

Meanwhile, the CHR continues its efforts to hold perpetrators accountable and to ensure that future cooperation between agencies like the PNP and CHR leads to greater transparency and justice. The commission’s pending report and the anticipated signing of the data-sharing agreement could mark significant steps forward, though the process remains fraught with political and institutional obstacles.

For many Filipinos, the ICC case is more than a legal battle—it’s a test of the country’s commitment to human rights, the rule of law, and democratic principles. The conflicting narratives offered by the Duterte family, law enforcement, and human rights advocates reflect deep divisions within Philippine society. As the world watches the proceedings in The Hague, the outcome will have far-reaching implications, not just for Rodrigo Duterte and his family, but for the future of justice and accountability in the Philippines.

With the confirmation of charges hearing set for September 23, all eyes will be on the ICC as it weighs the evidence and arguments presented by both sides. Whatever the judges decide, the reverberations will be felt across the archipelago, shaping the nation’s political and moral landscape for years to come.