Rodrigo Roa Duterte appearing for the first time before the ICC judges on 14 March 2025 ©ICC-CPI
Landmark ruling commits former Philippine president to trial at The Hague, the first former Asian head of government to face the ICC.
THE HAGUE — The International Criminal Court committed former Philippine president Rodrigo Roa Duterte to full trial Thursday after unanimously confirming three counts of crimes against humanity tied to killings alleged during his tenure as Davao City mayor and later as president. He becomes the first former head of government from Asia to face trial before the court.
Pre-Trial Chamber I ruled there are substantial grounds to believe Duterte is criminally responsible for murder and attempted murder under the Rome Statute, the legal threshold for a case to advance to trial and not a finding of guilt. The decision was signed by Presiding Judge Iulia Antoanella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge María del Socorro Flores Liera, and transmitted Thursday to the ICC Presidency.
Three Counts, 78 Alleged Victims
The chamber confirmed all three counts covering 49 documented incidents, at least 76 people allegedly killed and two who survived attempted murder. The judges found the alleged acts formed part of a widespread and systematic attack against a civilian population between November 1, 2011 and March 16, 2019.
Count 1 covers the alleged killing of at least 19 people, including three children, in Davao City between 2013 and 2016, attributed to what the court described as the Davao Death Squad. Count 2 covers the alleged killing of at least 14 individuals designated as high-value targets during the early years of Duterte’s presidency. Count 3 covers 43 additional alleged killings and two attempted murders during barangay clearance operations, including the alleged killing of 17-year-old Kian Loyd Delos Santos, shot by police in what prosecutors describe as part of the charged operations in Caloocan City in 2017. The case now moves to a new Trial Chamber where guilt must be established beyond reasonable doubt, a significantly higher legal standard.
Defense Denies All Charges
Duterte, through lead counsel Nicholas Kaufman, denies all charges and maintains his innocence absolutely. The defense argued during February 2026 hearings that no direct evidence links Duterte’s public statements to specific killings, and that he repeatedly instructed police to act within the law. The chamber ruled those statements must be read within the full context of alleged patterns of conduct, not in isolation. Duterte waived his right to attend the confirmation hearings.
Jurisdiction Settled the Day Before
The ruling followed a separate Appeals Chamber decision on April 22 rejecting the defense’s jurisdictional challenge, the last procedural avenue to halt the case. The defense had argued the ICC lost authority when the Philippines withdrew from the Rome Statute in 2019. The Appeals Chamber, by majority, held the court retains jurisdiction over crimes allegedly committed while the Philippines was still a member state, from 2011 through March 2019. The defense’s request for Duterte’s immediate release was simultaneously dismissed as moot.
Reactions
The Marcos administration, which facilitated Duterte’s arrest and transfer to The Hague in March 2025, had not issued a formal statement on Thursday’s ruling as of publication time. Senator Imee Marcos, a Duterte ally, criticized the ruling as raising concerns about the selective application of international justice, questioning whether smaller nations face disproportionate scrutiny compared with more powerful states.
Families of those killed in anti-drug operations welcomed the decision. Randy delos Santos, uncle of Kian Loyd Delos Santos whose 2017 killing is among the charges, said across the two days of rulings that justice was approaching after years of waiting. Human Rights Watch, which has documented the drug war extensively, had previously described the ICC proceedings as a rare opportunity for accountability after years of inadequate domestic prosecution.
Duterte, 81, remains in ICC custody. The court will constitute a new Trial Chamber to conduct full proceedings. Under Article 63 of the Rome Statute, the accused is generally required to appear in person at trial.
All charges against Rodrigo Duterte remain allegations. He is presumed innocent under Article 66 of the Rome Statute until proven guilty at trial.
