The International Criminal Court (ICC) has commenced pre-trial hearings in The Hague to determine whether to confirm charges of crimes against humanity against former Philippine President Rodrigo Duterte.
Mr. Duterte, who was ruled fit to stand trial despite his defense's claims of cognitive impairment, faces allegations related to a widespread anti-drug campaign during his presidency and his tenure as mayor of Davao City.
Pre-Trial Hearing Underway at The Hague
The International Criminal Court began week-long pre-trial hearings on Monday for former Philippine President Rodrigo Duterte. The proceedings aim to assess whether sufficient evidence exists to establish substantial grounds to believe Mr. Duterte committed crimes against humanity, specifically murder and attempted murder. If charges are confirmed, the case will advance to a full trial. Mr. Duterte, 80, has been detained at The Hague since March of last year.
Prosecution's Allegations
ICC prosecutors Mandiaye Niang, Edward Jeremy, and Robynne Croft presented allegations during the hearings, describing the alleged crimes as a "widespread and systematic attack" against the people of the Philippines.
Key points from the prosecution include:
- Allegations that Mr. Duterte instructed members of a death squad to kill suspected criminals and drug users.
- Claims that Mr. Duterte authorized murders, provided resources, offered incentives, and maintained a system that allegedly protected perpetrators.
- Allegations that Mr. Duterte personally created "death lists" as president, publicly naming individuals he alleged were involved in drugs, many of whom subsequently died. A witness reportedly referred to the "Duterte list" as a "death list."
- Presentation of a video showing Mr. Duterte stating, "I am the sole person responsible for it all."
- Allegations of Mr. Duterte's involvement in at least 76 murders between 2013 and 2018, which prosecutors describe as a "mere fraction" of the thousands believed killed.
- Statements from witnesses alleging that the poor were frequently targeted, perceived as less likely to file complaints against the police.
- Allegations concerning two instances where children, aged approximately 14 or 15, were reportedly taken into custody. It was alleged that police wrapped the children's heads in packing tape, strangled them with wire, and subsequently sold their bodies to funeral homes.
- The assertion that the alleged killings were "highly organised, planned and coordinated" and would not have occurred without Mr. Duterte's "essential contribution."
- The pre-trial specifically examines two alleged crimes of murder connected to the Davao Death Squad and the alleged killings of "high-value targets" during his presidency.
Defense's Position and Duterte's Non-Attendance
Lead defense lawyer Nick Kaufman stated that Mr. Duterte "stands behind his legacy resolutely" and "maintains his innocence absolutely." The defense argued that the prosecution "cherry-picked" examples of Mr. Duterte's rhetoric, claiming his client's words, which sometimes involved "bluster and hyperbole," were not intended to incite violence. Mr. Kaufman also stated that Mr. Duterte frequently instructed authorities to only use force in self-defense.
Mr. Duterte did not attend the pre-trial hearings, having waived his right to appear. He cited age, fatigue, frailty, and memory loss as reasons, and stated he does not recognize the court's jurisdiction. A previous court ruling last month, citing opinions from a panel of medical experts, determined Mr. Duterte was fit to attend, rejecting claims of "cognitive impairment." The judges stated they were "satisfied" that he is "able effectively to exercise his procedural rights" and that mental capacities do not need to be "at their notionally highest level." The court granted his defense's request to waive his right to attend the hearings, noting the reasons provided were "speculative." The prosecution and victims' representatives, however, argued that he is healthy and is avoiding facing the victims' families.
Background of the Anti-Drug Campaign
Mr. Duterte was elected president in 2016, campaigning on a promise to eliminate drugs. During his term, he publicly encouraged civilians to kill individuals involved with drugs and indicated police would not be prosecuted for alleged extrajudicial killings. He previously admitted to personally killing suspected criminals as mayor of Davao City.
The ICC's investigation covers alleged crimes from November 2011 to June 2016, including alleged extrajudicial killings in Davao, and nationwide during his presidency until March 16, 2019, when the Philippines withdrew from the court. Estimates for the death toll during Mr. Duterte's presidential term vary, ranging from over 6,000 reported by national police to between 12,000 and 30,000 cited by the ICC prosecutor and human rights groups.
Public Reactions and Political Context
Outside the court in The Hague, protesters called for accountability. Activists in Manila, along with families of alleged drug war victims, gathered to watch the proceedings. Some victim families have publicly expressed their desire for justice, with some calling Mr. Duterte's refusal to attend "cowardice."
Mr. Duterte described his arrest as a "kidnapping" facilitated by President Ferdinand Marcos Jr., alleging he was "forcibly pushed into a jet and renditioned to The Hague" in violation of the Philippines' constitution and sovereignty. He stated, "I have accepted the fact that I could die in prison. But those that desire this fate for me should know that my heart and soul will always remain in the Philippines." Supporters of Mr. Duterte have criticized President Marcos Jr. for his role in the transfer.
Domestically, Mr. Duterte maintained popularity despite international criticism of the anti-drug campaign. His daughter, Vice-President Sara Duterte, has announced her intention to run for president in the 2028 election, where polling suggests she is a strong contender. Some victim families have expressed concerns about potential retaliation if Sara Duterte is elected.
Next Steps in the Proceedings
The pre-trial hearing is scheduled to conclude on Friday. ICC judges will issue a written decision within 60 days of the hearings' conclusion, determining whether the case will proceed to a full trial.