Situation in The Philippines: ICC confirms jurisdiction and charges in the case against Former Philippines President Duterte, clearing the way for trial

On 23 April 2026, Pre-Trial Chamber I of the International Criminal Court (“ICC” or “the Court”) confirmed all charges against former Philippine President Rodrigo Roa Duterte and decided that the case should move to trial. 

Pre-Trial Chamber I found that there are substantial grounds to believe that Mr Duterte is responsible for the crimes against humanity of murder and attempted murder, pursuant to Article 7(1)(a) of the Rome Statute of the International Criminal Court. These crimes were allegedly committed as part of a widespread and systematic attack against a civilian population on the territory of the Republic of the Philippines between 1 November 2011 and 16 March 2019 in the context of the so-called “war on drugs”.

This decision follows a related ruling issued one day earlier, on 22 April 2026, in which the Appeals Chamber of the ICC confirmed that the Court has jurisdiction over the case. The Appeals Chamber rejected the Defence’s appeal and upheld an October 2025 decision that the ICC can investigate and prosecute alleged crimes committed while the Philippines was still a State Party to the Rome Statute, despite its later withdrawal. 

Why these decisions are significant 

“The Philippine Coalition for the International Criminal Court (PCICC) highly welcomes the recent double win for victims of the drug war in two separate decisions at the ICC. [...]  We now look forward to the trial of Mr Duterte for crimes against humanity, including murder and attempted murder, by a Trial Chamber that hopefully will start without further delay” - The Philippine Coalition for the ICC (PCICC). 

Civil society from the Philippines and beyond has emphasised the significance of these developments for victims, as it represents the first formal recognition of the suffering endured by thousands of victims and families who have yet to see accountability in domestic courts. In the Philippines, there have been no comprehensive investigations and no official acknowledgement of wrongdoing. “For nearly a decade, victims in the Philippines have faced profound barriers to justice. Domestic mechanisms have failed to carry out effective investigations or prosecutions, leaving survivors without remedies and families without answers,” warn the Philippine Alliance of Human Rights Advocates (PAHRA) and the International Federation for Human Rights (FIDH). “The ICC proceedings now offer a vital avenue for independent and impartial justice.” 

“The ICC’s confirmation of all charges against former President Duterte is a historic moment for victims and international justice. It sends a clear message that those who are alleged to have committed widespread and systematic murder as a crime against humanity will one day find themselves in the dock, facing trial. Justice may be slow in coming, but it cannot be delayed forever,” says Amnesty International. 

The Duterte case at the International Criminal Court is historic not only because a former head of state sits in detention in The Hague, but because it “opens the door to long awaited justice for the families of ‘drug war’ victims and is an important acknowledgment of their suffering,” Human Rights Watch states. “Duterte’s trial will send a powerful message to those responsible for grave crimes in the Philippines and elsewhere that no one is above the law, and that justice will eventually catch up with them.” 

"This decision brings survivors one step closer to justice and reparation. We stand in solidarity with all victims of Duterte’s alleged crimes as they seek accountability and redress," emphasises REDRESS.

Furthermore, “the ruling on jurisdiction sends a clear and powerful message: withdrawal from the Rome Statute does not place anyone beyond the reach of justice. Even when high-ranking officials attempt to evade accountability, the ICC remains a court of last resort for victims of grave international crimes. Impunity cannot be justified by political decisions to withdraw from international legal mechanisms,” highlights the Philippine Coalition for the ICC in a statement. 

At the same time, civil society organisations have highlighted the context in which these proceedings unfold. Survivors, families of victims, lawyers, human rights defenders, and journalists have faced sustained disinformation, intimidation, and threats in relation to the so-called “war on drugs”. Ensuring that proceedings remain accessible, transparent, and grounded in facts will be essential to counter these dynamics. 

The central role of civil society in the pursuit of justice for the Philippines. As noted by a representative of the ICC Office of the Prosecutor (OTP), “The civil society organisations and the NGOs on the ground have really been at the heart of the work that [the OTP has] been doing in the Philippines, especially without [the OTP] having a formal line of communication with the Philippine authorities. [CSOs and NGOs] have really been [the OTP’s] eyes and our ears, and actually partly our arm, to a lot of the families on the ground. Without [CSOs and NGOs], there would not have been a Duterte case.” 

Similarly, members of the Philippine Coalition for the ICC have stressed the breadth of civil society engagement, from documentation and legal support to advocacy and public communication. Their work has ensured that victims’ experiences are recorded, that information continues to circulate despite restrictions, and that calls for accountability are sustained over time. 

Key opportunities moving forward 

This decision marks the beginning of a new phase in proceedings, with several important opportunities:  

• Public hearings offer an opportunity to counter entrenched impunity and expose the reality of the so-called “war on drugs” to both domestic and international audiences. If handled transparently, they can reshape public understanding and undermine political efforts to erase the truth. Attorney Joel Butuyan, Common Legal Representative of victims in the ICC proceedings against former President Rodrigo Duterte, highlighted how “many Duterte supporters who blindly support Rodrigo Duterte because they do not know the gory and evil details of how he implemented the drug war, how the victims died, and how their families suffered and continue to suffer to this day.” In light of this, the trial has the potential to be a powerful tool for truth-telling, according to Philippine civil society. 

• Civil society’s continued mobilisation, from local documentation and outreach to global advocacy, demonstrates that justice is already being built on the ground. These efforts can amplify the Court’s work and provide crucial evidence, support for victims, and resilience against disinformation.  

• The Court’s reparative system, through both victim participation and the potential role of the Trust Fund for Victims’ assistance programmes, independent of conviction, offers a pathway to redress that can go beyond conviction alone, helping to restore dignity and livelihoods. 

Considerations for the proceedings ahead 

Civil society organisations have also identified several considerations as the case moves forward. 

• Scope of charges: As FIDH and PAHRA warn: “the scope of the case remains limited to the charges of murder and attempted murder, and only a portion of victims will be able to participate in the proceedings and potentially benefit from reparations. Many victims have reported they suffered other serious harms, including enforced disappearance, torture, and sexual violence, which are not covered by the confirmed charges”. The Phillippines Coalition for the ICC is clear: “accountability must not stop with one individual. We call for the prompt issuance of arrest warrants against the alleged co-perpetrators identified in the proceedings. Justice demands that all those who participated in the planning, ordering, and execution of these crimes be brought within the reach of the law. We further urge that additional charges, including those related to torture, illegal arrests, arbitrary detention, and sexual abuse, be fully investigated and pursued where warranted.” 

• Timeliness and transparency will be important. Delays or limited public communication may contribute to uncertainty and undermine confidence in proceedings. Clear and accessible information will be key to maintaining trust among affected communities. 

• Disinformation remains a concern. Organised campaigns have sought to distort perceptions of the Court and intimidate participants. Proactive communication and engagement will be necessary to address this.*

• Protection and support for victims, witnesses, human rights defenders, and civil society representatives, remain critical. Many continue to face serious risks, including threats, harassment, and intimidation. Ensuring their safety is essential to the integrity of the proceedings. Effective participation requires not only legal access, but also sustained protection measures and adequate psychosocial support for all those engaging with the Court. 

• Partnerships with civil society will continue to be essential. The case has been shaped by the work of local and international organisations, and their continued involvement will be important for the effectiveness and legitimacy of proceedings. 

Beyond a trial: ensuring every victim counts 

Accountability in the case against former Philippine President Duterte is not only about one man’s trial. According to civil society, it is about affirming the dignity of thousands of Filipinos, exposing the truth of the so-called “war on drugs” to the world, and strengthening an ecosystem of justice, from the courtroom in The Hague to the streets of Manila, that ensures that every victim counts and no one is left behind. 

In the words of the Philippines Coalition for the ICC: “These decisions are not the end, but very important milestones. The long struggle of victims and their families for justice continues, and we stand with them in ensuring that accountability is achieved and that such grave violations will never happen again.” 

Background 

The Philippines signed the Rome Statute on 28 December 2000 and ratified it on 30 August 2011, with the treaty entering into force on 1 November 2011, making it the 117th state party.  

On 8 February 2018, the then ICC Prosecutor, Fatou Bensouda announced a preliminary examination into  “crimes allegedly committed in this State Party since at least 1 July 2016, in the context of the "war on drugs" campaign launched by the Government of the Philippines. Specifically, it has been alleged that since 1 July 2016, thousands of persons have been killed for reasons related to their alleged involvement in illegal drug use or dealing. While some of such killings have reportedly occurred in the context of clashes between or within gangs, it is alleged that many of the reported incidents involved extra-judicial killings in the course of police anti-drug operations.” 

President Rodrigo Duterte announced the Philippines' withdrawal from the Rome Statute on 14 March 2018, citing attacks on his administration and violations of due process; he declared it effective immediately via a statement. The formal notice was deposited with the UN Secretary-General on 17 March 2018. 

The withdrawal became effective one year later on 17 March 2019, per Article 127 of the Rome Statute. However, the ICC retained jurisdiction over crimes committed from 1 November 2011 to 16 March 2019. 

Following a request by the Office of the Prosecutor, the warrant of arrest against Mr Duterte was issued by Pre-Trial Chamber I as “Secret” on 7 March 2025 and reclassified as “Public” on 11 March 2025.  

On 12 March 2025, Mr Duterte was surrendered to the ICC. The initial appearance of Mr Duterte took place on 14 March 2025. 

The confirmation of charges hearing took place from 23 to 27 February 2026 before Pre-Trial Chamber I, composed of Presiding Judge Iulia Antoanella Motoc and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera. Statements and submissions were presented by the Prosecution, the Defence and the Common Legal Representatives of the Victims. The hearing took place in the absence of the suspect following the Chamber granting Mr Duterte's request to waive his right to attend it.  

On 23 April 2026, Pre-Trial Chamber I unanimously confirmed all the charges comprised of three counts of crimes against humanity brought by the Prosecution against Mr Duterte and committed him to trial before a Trial Chamber. The decision confirming the charges is based on the evidence and arguments presented by the Prosecutor and the Defence during the confirmation of charges hearing from 23 to 27 February 2026, as well as on the submissions and documents of the parties and participants, including victims. The case will now be transferred to a Trial Chamber, which will decide on the next steps. 

On 24 April 2026, the ICC Presidency constituted Trial Chamber III, which will be in charge of the case against Former President Duterte. The chamber is composed of Presiding Judge Joanna Korner, Judge Keebong Paek and Judge Nicolas Guillou. This was announced on 29 April 2026. 

Further resources:

* This Q&A issued by REDRESS addresses the disinformation surrounding the International Criminal Court proceedings in the case of Rodrigo Duterte and clarifies key aspects related to the Court’s jurisdiction, his arrest, concerns about victims’ safety, and other relevant issues. It seeks to ensure victims have access to accurate information, enabling them to make informed decisions about their engagement and participation.