ASEANEWS HEADLINE-DU30 ICC EJK TRIAL | THE HAGUE, Europe: ICC: Duterte to go on trial for crimes vs humanity
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ICC Pre-Trial Chamber I confirms charges vs. former President Rodrigo Roa Duterte, paving way for case to proceed to full trial
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MANILA, Philippines — Former President Rodrigo Duterte, the “Punisher” whose draconian approach to fighting criminality led to thousands of killings, will finally be tried in the International Criminal Court (ICC).
Just a day after the court’s jurisdiction over his case was upheld, the three-member Pre-Trial Chamber (PTC) I unanimously confirmed all charges of murder and attempted murder as crimes against humanity against Duterte for allegedly creating the Davao Death Squad (DDS) and controlling a “Davao model” in carrying out extrajudicial killings of drug suspects.
The former Philippine leader will face a trial chamber whose members will be appointed by the ICC presidency. No dates have been announced.
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Former president Rodrigo Duterte will face trial at the International Criminal Court (ICC) after pre-trial judges confirmed all crimes against humanity charges against him yesterday.
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READ: Appeals chamber affirms ICC’s jurisdiction over Rodrigo Duterte case
In its 50-page decision released on Thursday, PTC I found that the evidence, which were provided by key witnesses and government records, showed substantial grounds to hold Duterte “criminally responsible” for 49 killings involving 78 individuals cited in the charges.
The killings were listed in the document containing the charges submitted by the Office of the Prosecutor (OTP) of the ICC to PTC I. Details, such as identities, dates and manner by which they were murdered, were redacted for security reasons.
The chamber gave weight to Duterte’s public instructions to police officers to shoot drug offenders and to reward them for every successful killing as a way to deter criminality.
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It rejected the defense’s assertion during the confirmation of charges hearing last February that his incendiary language was not a “refined policy” to murder suspected drug users and pushers.
“The chamber notes that the references to self-defense and lawful conduct in a number of public speeches and official documents were contained in the same speeches and official documents that included explicit instructions to carry out unlawful killings,” the PTC I pointed out.
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It added: “They were also made while extra-judicial killings were allegedly being carried out, and as direct perpetrators were allegedly financially rewarded to kill.”
As to the defense’s argument that the term “neutralize” in the Command Memorandum Circular (CMC) 16-2016 of the Philippine National Police denoted “lawful restraint” and not a killing policy, the PTC I said: “There is sufficient evidence to establish that ‘neutralize’ meant ‘to kill’ in the context of the present case.”
The chamber also found sufficient evidence from the prosecution that the DDS was Duterte’s brainchild. He oversaw the operations “with the aim of killing criminals” since its inception in the late 1980s, it said.
Citing evidence presented by “witness P-0002,” PTC I noted that Duterte sat at the top of the DDS hierarchy, and below him were the co-perpetrators who would relay his marching orders to handlers, who would in turn assign either low-ranking police officers or private hitmen to execute the killing.
“They also explain that Mr. Duterte’s order or clearance was required for the DDS members to kill in Davao City,” the chamber said.
The “common plan,” which began as the “Davao model” was replicated on a national level through the PNP’s “Project: Double Barrel” upon the orders of Duterte when he assumed office in 2016.
Replicating ‘the killings’
“This is also supported by the statement of insider Witness [REDACTED] who describes some of the co-perpetrators having discussed how Mr. Duterte wanted to replicate the killings perpetrated in Davao City nationwide,” the PTC I said. “Furthermore, [REDACTED] Mr Duterte, upon his election as President of the Philippines, asked [REDACTED] to identify a PNP operative who could expand the Davao model to the national level.”
The prosecution has named eight other former and current officials who were allegedly part of the “hierarchy” in the brutal drug war, but their being linked to the alleged crimes does not automatically charge them with the same cases as Duterte.
They were Senators Ronald “Bato” dela Rosa and Christopher “Bong” Go; former Justice Secretary Vitaliano Aguirre II; former Davao City police chiefs Vicente Danao and Isidro Lapeña; former PNP chiefs Oscar Albayalde and Camilo Cascolan; and former National Bureau of Investigation chief Dante Gierran.
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Duterte “provided personnel and logistical resources to further the commission of the crimes,” the chamber said.
The chamber, in deciding to confirm all of the allegations against Duterte, noted that it was crucial for the charges to not contain “unnecessary details that could be too specific and limiting at trial” as it was not in a position to “conclusively determine all such details,” including the timing, place and identities of drug war victims.
‘Bizarrest assertion’
Nicholas Kaufman, lead counsel of Duterte, told the Inquirer that it was “bizarre” for the PTC I to adopt such a flexible approach.
“The defense will most definitely be seeking leave to appeal the bizarrest assertion by the (PTC) that there is no need, and I quote, for ‘the charges to contain unnecessary details that could be too specific and limiting at trial.’ In my opinion, this just shows to what extent the (PTC) was prepared to accommodate the prosecution at the expense of the former President’s fair trial rights,” Kaufman said in a message.
The OTP, in a statement sent to reporters, said the chamber’s decision “reflects the strength and depth of the prosecution’s investigation and evidentiary record.”
“The confirmation of these charges represents a significant milestone in the Office’s efforts to advance accountability for victims of alleged extrajudicial killings and other abuses,” it said.
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Lawyers representing the victims and their families applauded the ruling. Human rights lawyers Joel Butuyan and Gilbert Andres, who have been acting as common legal representatives for victims, considered the ruling as “the victims’ first big step in attaining justice for their murdered loved ones under Mr. Duterte’s antidrug campaign.”
“(It) sends a strong message to the international community of states that the international criminal justice system is working to exact criminal accountability even against a former President such as the accused Mr. Duterte,” they said in a statement.
Rights violators be warned
Senators Ronald “Bato” dela Rosa and Christopher “Bong” Go
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Neri Colmenares of the National Union of Peoples’ Lawyers (NUPL), who represents some of the victims’ families, said that this would serve as a warning to human rights violators that “justice will come no matter how long the wait.”
“Duterte, who was one of the most powerful presidents in the world during his time, orchestrating the drug war for six years and even making an entire government follow his order to withdraw from the ICC, is now in prison in the Hague and will become the first Asian to be tried in the ICC,” he said in a statement.
“How the mighty fall is a message that will ring throughout the world and the message that international justice and accountability can be achieved by a united people who persevere in the struggle for justice and accountability despite the odds,” he added.
Malacañang said it respected the ruling against the former president.
While no longer a state party to the Rome Statute, she also noted that Congress passed Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, which mandates the government’s cooperation, including the surrender of accused, with international tribunals such as the ICC.
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“Justice must be achieved in these cases. Both parties will benefit from it: Justice for the accused if they are innocent, or justice for the victims if their rights were violated,” Palace press officer Claire Castro said in a message to reporters. —WITH A REPORT FROM DEXTER CABALZA
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April 24, 2026
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