The International Criminal Court (ICC) is set to begin the trial of former Philippines President Rodrigo Duterte on November 30, marking the first instance of an Asian ex-head of state facing the court for alleged crimes against humanity. This development was announced by Presiding Judge Joanna Korner, following a prosecution request, with plans to present testimony from approximately 60 to 70 witnesses on the lethal “war on drugs” during Duterte’s administration.
The trial will specifically address three counts of crimes against humanity—murder, torture, and rape—allegedly occurring between November 2011 and March 2019. The charges span Duterte’s tenure as both Mayor of Davao and as president, a period marked by a severe crackdown on supposed drug offenders, which human rights groups estimate resulted in tens of thousands of deaths. This judicial proceeding focuses on what’s known as the “Davao model” of policing, a strategy Duterte reportedly originated to “neutralize” criminals via extrajudicial tactics before implementing it nationwide after his presidency began in 2016.
The legal framework for the trial is grounded in Article 7(1) of the Rome Statute, which bans widespread and systematic civilian attacks. Despite Duterte’s 2019 directive for the Philippines to leave the ICC, the court retains jurisdiction under Article 127 of the Statute, asserting that a state remains accountable for actions committed while it was a member. A prior decision by Pre-Trial Chamber I indicated substantial grounds to hold Duterte as an “indirect co-perpetrator,” allegedly utilizing hierarchical groups like the Davao Death Squad (DDS) and national police for executions.
Duterte, 81, has been detained at The Hague following his arrest and subsequent extradition from Manila in March 2025, after a significant political rift with his successor, President Ferdinand Marcos Jr. Though the Marcos administration initially resisted ICC cooperation, their political alliance’s dissolution led to Duterte’s apprehension at Manila airport. The trial’s announcement has sparked divided reactions; Duterte’s son, Sebastian Duterte, criticized it as a “selective prosecution,” whereas victims’ families have consistently advocated for this judicial process as essential for accountability.
In preparation for the trial’s commencement, the court has mandated a new medical evaluation to assess Duterte’s fitness to participate, amidst defense claims of declining health. A previous assessment in January confirmed his competency to stand trial.
The ICC continues to pursue an arrest warrant for Duterte’s former police chief, Senator Ronald “Bato” dela Rosa, who remains elusive following a May 13 senate shootout. Recently, the Philippines Supreme Court declined to obstruct domestic law enforcement from executing the warrant. Further details on these legal proceedings can be found here.