Berliner Tageszeitung - Ex-Philippine leader Duterte faces pre-trial ICC hearing

The "confirmation of charges" hearing, taking place over four days, will determine whether there is enough evidence against Duterte to proceed to a trial.

The 80-year-old is unlikely to be present at the hearing in The Hague, after his defence filed a request to waive his right to appear, despite judges ruling that he was fit to take part.

Following the hearing, the judges will have 60 days to issue a written decision.

ICC prosecutors have charged Duterte with three counts of crimes against humanity, alleging his involvement in at least 76 murders between 2013 and 2018.

The true number of killings is thought to be in the thousands, and lawyers for the victims have argued that if the case goes to trial it could encourage many more families to come forward.

Duterte, who was president from 2016 to 2022, was arrested in Manila in March last year, flown directly to the Netherlands and has since been held at the ICC's detention unit at Scheveningen Prison.

He followed his initial hearing three days later by video link, appearing dazed and frail and barely speaking.

- 'War on drugs' -

The first of three counts against Duterte concerns his alleged involvement as a co-perpetrator in 19 murders carried out between 2013 and 2016 while he was mayor of Davao City.

The second relates to 14 murders of so-called "High Value Targets" in 2016 and 2017 when he was president.

The third charge covers 43 murders committed during "clearance" operations of lower-level alleged drug users or pushers across the Philippines between 2016 and 2018.

Duterte denies the charges, his lawyer Nicholas Kaufman told journalists ahead of the hearing.

"Mr Duterte... grieves and regrets the death of people as a result of drug-related crime, but he denies any connection to this," Kaufman said.

"He denies that there was a policy to murder alleged suspects or criminal suspects or alleged drug users, as the prosecution states. He denies that there was a conspiracy to do so with other alleged co-perpetrators in his administration."

When Duterte became president in June 2016, he launched an aggressive nationwide anti‑drug campaign aimed at eradicating drug use and trafficking.

Critics have condemned the "war on drugs" over widespread extrajudicial killings and human rights abuses.

Previously, during his long tenure as mayor of Davao City, Duterte was already known for extremely harsh anti‑crime and anti‑drug policies.

In 2016, he boasted that he had personally killed suspected criminals.

"In Davao I used to do it personally. Just to show to the guys [police officers] that if I can do it, why can't you," he said.

- 'Critical step' -

When Duterte was arrested, he said he took full responsibility for the "war on drugs".

"I am the one who led our law enforcement and military. I said that I will protect you and I will be responsible for all of this," Duterte said in a video posted on Facebook.

Human Rights Watch said the hearing beginning Monday was "a critical step in ensuring justice for victims of the Philippines' 'war on drugs'".

"The ICC case reflects the determination of victims and their families to advance justice against all odds and dangers," said Maria Elena Vignoli, senior international justice counsel at the NGO.

The case comes with the ICC facing intense political pressure, including two rounds of US sanctions imposed since June 2025.

The Philippines left the ICC in 2019, on Duterte's instructions, but the court has ruled that it still has jurisdiction over alleged crimes committed there between 2011 and 2019.

The defence has appealed the ruling, with a decision still pending.

Duterte, the first Asian former head of state to appear before the ICC, remains hugely popular in the Phlippines, where many were in favour of his tough approach to crime.

O. Karlsson--BTZ