ICC to Begin Pre-Trial Hearing for Duterte on Crimes Against Humanity
The International Criminal Court in The Hague will commence a four-day pre-trial hearing on Monday to determine if there's sufficient evidence for former Philippine President Rodrigo Duterte to stand trial for crimes against humanity related to his 'war on drugs'. Duterte will not be present, as granted by the court.
The International Criminal Court (ICC) commenced a four-day pre-trial confirmation of charges hearing on February 23, 2026, against former Philippine President Rodrigo Duterte for three counts of crimes against humanity related to murder during his 'war on drugs' campaign. The hearing, taking place at The Hague, will determine whether there is sufficient evidence for Duterte to stand trial for alleged extrajudicial killings that occurred between 2013 and 2018, with estimates ranging from at least 76 documented killings to as many as 30,000 deaths during his presidency. Duterte, who was arrested in Manila in March 2025 and has been detained in the Netherlands since, waived his right to attend the hearing despite being ruled fit for trial, citing his age (80) and frailty, with proceedings continuing in absentia through his legal team.
According to ABS-CBN News reports from February 19, 2026, Duterte formally waived his right to attend the ICC pre-trial hearing, with analysis from Prof. Michael Tupu examining Duterte's legal strategy regarding the ICC proceedings. The charges specifically cover Duterte's time as Davao City mayor (2013-2016, including 19 murders as co-perpetrator) and his presidency (2016-2022), focusing on extrajudicial killings of suspected drug users and dealers. An ICC arrest warrant was issued in February 2025 after prosecutors applied for charges including murder, torture, and rape, though the confirmed charges currently focus exclusively on murder.
Duterte's legal team has challenged the ICC's jurisdiction, arguing that the Philippines' withdrawal from the Rome Statute should shield him from prosecution, but ICC judges have rejected dismissal attempts, stating that withdrawal cannot protect individuals from ongoing cases. The former president has consistently denied the charges, calling them an 'outrageous lie.' Human rights organizations including Amnesty International and Human Rights Watch have described the hearing as a crucial step for victims' justice and have called for swift confirmation of charges and protection for witnesses.
The political context remains tense, with Duterte's supporters, including his daughter Vice President Sara Duterte (who has announced a 2028 presidential bid), criticizing the current Marcos Jr. administration for Duterte's surrender to the ICC. The ICC faces additional challenges including U.S. sanctions imposed since June 2025. A decision from the pre-trial chamber judges on whether to advance the case to full trial is expected within 60 days of the hearing's conclusion, marking a critical juncture in the international legal proceedings against the former Philippine leader.
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