ICC vs. Duterte: Prosecution Lays Out Case with 'Blood-Thirsty Clones' & Co-Perpetrators, Defense Calls Charges Political
The ICC hearing on former President Rodrigo Duterte's alleged crimes against humanity has commenced. Prosecutors named five co-perpetrators and detailed how "blood-thirsty 'clones'" carried out kill orders against civilians and children. Human rights lawyer Joel Butuyan emphasized this as the "last boat" for victims' justice. Duterte's lead counsel, Nicholas Kaufman, argued the charges are "politically motivated" and accused President Marcos Jr. of attempting to "neutralize" Duterte's legacy, a claim swiftly dismissed by the Palace as "cognitive impairment." Former PNP Chief Gen. Nicolas Torre III affirmed he had "no regrets" regarding his role in the events leading to Duterte's appearance at The Hague.
The International Criminal Court (ICC) commenced a confirmation of charges hearing against former Philippine President Rodrigo Duterte on February 23, 2026, in The Hague. The hearing, scheduled from February 23-27, 2026, addresses three counts of crimes against humanity (murder) allegedly committed during Duterte's time as Davao City mayor (2011-2016) and president (2016-2019) in connection with the 'war on drugs' campaign. Prosecutors allege Duterte acted as an indirect co-perpetrator through control over police and the Davao Death Squad, with charges covering 19 murders in Davao and 14 'high-value' targets nationwide.
Prosecutor Mame Mandiaye Niang presented evidence that Duterte encouraged death squads with fear and financial rewards, turning killings into a 'perverse form of competition.' The prosecution's case includes eight unnamed co-perpetrators alongside Duterte, though no arrest warrants have been issued for them yet. Duterte's defense team, led by British-Israeli lawyer Nicholas Kaufman, argued the charges are politically motivated and challenged the ICC's jurisdiction, citing the Philippines' withdrawal from the Rome Statute in March 2019.
Duterte, who has been detained in The Hague since March 2025 after Philippine authorities arrested and surrendered him, waived in-person attendance due to health concerns. In January 2026, a Pre-Trial Chamber determined Duterte was medically fit to stand trial following expert review. The former president's lawyers have consistently rejected ICC jurisdiction over the case.
The confirmation hearing is not a full trial but a procedural step where judges will decide within 60 days whether there is substantial evidence to proceed to trial. Human rights groups including Amnesty International and Human Rights Watch have called the hearing a 'crucial opportunity for justice' for victims of the drug war, which official estimates claim resulted in over 6,000 deaths while human rights organizations estimate up to 30,000 fatalities. The outcome will determine whether Duterte faces a full ICC trial for alleged crimes against humanity.
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