The International Criminal Court (ICC) commenced pre-trial hearings Monday, February 23, 2026, examining allegations that former Philippine President Rodrigo Duterte oversaw a campaign of extrajudicial killings during his “war on drugs.” The hearings, scheduled over four days, will assess whether there is sufficient evidence to proceed to a full trial on charges of crimes against humanity. The case centers on claims that thousands of suspected drug dealers were unlawfully killed under Duterte’s direction.
The ICC’s investigation focuses on alleged crimes committed between November 2011 and March 16, 2019 – encompassing Duterte’s time as mayor of Davao City and throughout his presidency. Human rights groups estimate that between 12,000 and 30,000 people were killed during the period, with a disproportionate impact on urban poor communities, including minors, according to reports. Whereas Philippine authorities report over 6,000 deaths related to the anti-drug campaign, these figures are disputed by local organizations.
Duterte’s Absence and Previous Withdrawal from the ICC
Duterte, 80, declined to attend the hearings, citing his age and failing memory. In a statement, he described his arrest as a “kidnapping” orchestrated by the current president, Ferdinand Marcos Jr., alleging a violation of Philippine constitutional rights and national sovereignty. The ICC approved his request to skip the proceedings, having previously determined he was fit to participate based on medical assessments.
The Philippines initially withdrew from the Rome Statute – the treaty establishing the ICC – in March 2019, under Duterte’s direction, and refused to cooperate with the ICC investigation. Still, the ICC maintains jurisdiction over crimes committed while the Philippines was a signatory, arguing that the killings occurred during that period. This assertion of jurisdiction is a key point of contention in the case.
Allegations and the Scope of the Investigation
The ICC’s investigation covers alleged extrajudicial killings in Davao City and throughout the Philippines. The prosecution is focusing on 76 specific murder cases, categorized into three groups: 19 murders allegedly committed between 2013 and 2016 while Duterte was mayor of Davao City, and cases involving “high-value targets” and “low-level drug users and peddlers.”
Duterte has previously made statements that have fueled the allegations against him. He openly encouraged the killing of drug addicts during his 2016 presidential campaign and, in subsequent speeches, claimed to be “happy to slaughter” millions of drug users, drawing comparisons to Adolf Hitler. He also admitted to personally killing criminal suspects during his time as mayor of Davao City.
Philippine Arrest and International Response
Duterte was arrested in the Philippines in March 2025 and transferred to The Hague to face trial at the ICC. The arrest followed a warrant issued by the court for his alleged commission of crimes against humanity. The case has drawn international attention, with human rights organizations calling for accountability for the alleged abuses committed during the “war on drugs.”
Demonstrations took place in Manila on Sunday, February 22, 2026, as families of victims of Duterte’s “war on drugs” rallied ahead of the ICC hearings, seeking justice for their loved ones.
What to Watch Next
Following the four-day pre-trial hearings, ICC judges have 60 days to decide whether to proceed to a full trial. The decision will hinge on whether the judges determine there is sufficient evidence to support the allegations against Duterte. The outcome of this case could set a significant precedent for accountability for alleged human rights abuses committed during counter-narcotics operations and has implications for the principle of universal jurisdiction.
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