Judges at the International Criminal Court in The Hague began a confirmation of charges hearing Monday, February 23, 2026, to determine whether to proceed to a full trial against former Philippine President Rodrigo Duterte for alleged crimes against humanity committed during his “war on drugs.” The hearing, which is scheduled to continue through February 27, centers on accusations that Duterte was involved in the killings of at least 76 people, both while serving as mayor of Davao City and during his six-year presidency.
The ICC’s investigation, opened in September 2021, focuses on alleged extrajudicial killings of drug suspects and others carried out between November 1, 2011, and March 16, 2019. Prosecutors allege Duterte acted as an indirect co-perpetrator in the murders, instructing and authorizing violent acts, including killings, against alleged criminals. The charges were publicly revealed following the submission of a 15-page charge sheet to the court on July 4, 2025.
The current proceedings stem from an arrest warrant issued by ICC judges and relayed through Interpol, leading to Duterte’s arrest in Manila on March 11, 2025. He appeared before the court via video link from a detention center in The Hague on March 14, 2025, and has since waived his right to be present in the courtroom, stating he does not recognize the ICC’s authority. His lawyer maintains his innocence.
Human rights groups estimate that tens of thousands of people were killed during Duterte’s “war on drugs,” a campaign that began when he was mayor of Davao and continued throughout his presidency. Prosecutor Mame Niang told the judges Monday that the campaign “resulted in the killings of thousands of civilians and many of these victims were children,” and called for Duterte to be held accountable, stating the proceedings were “a reminder that those in power are not above the law.”
The ICC is examining three sets of killings: 19 deaths allegedly occurring while Duterte was mayor of Davao City between 2013 and 2016. 14 deaths during targeted killings between 2016 and 2017, while he was president; and 43 deaths during “clearance operations” between 2016 and 2018. Duterte previously denied authorizing extrajudicial killings, despite publicly encouraging police to use lethal force against drug suspects who resisted arrest.
The Philippines initially withdrew from the ICC in 2019, but the ICC prosecutor maintains jurisdiction since the alleged crimes occurred while the Philippines was still a member. The court’s ability to proceed is also based on the principle of complementarity, meaning the ICC can investigate and prosecute when national courts are unwilling or unable to genuinely investigate and prosecute crimes within its jurisdiction.
The confirmation of charges hearing will determine if there is sufficient evidence to proceed to a full trial. Judges must decide whether reasonable grounds exist to believe that the crimes were committed and that Duterte is responsible for them. The outcome of the hearing will determine the next steps in the case, with a full trial potentially leading to a verdict and sentencing if Duterte is found guilty.
