Philippines: Duterte court hearing a crucial opportunity for justice for ‘war on drugs’ victims

International Criminal Court hearing against Duterte begins 23 February

Thousands of people killed under Duterte’s so-called ‘war on drugs’

‘Former President Duterte’s long-awaited day in court is a significant step towards delivering justice for victims and survivors of his administration’s deadly so-called “war on drugs” ’ - Agnès Callamard

Ahead of former Philippines President Rodrigo Duterte’s confirmation of charges hearing at the International Criminal Court on Monday 23 February, Agnès Callamard, Amnesty International’s Secretary General, said:

“Former President Rodrigo Duterte’s long-awaited day in court is a significant step towards delivering justice for victims and survivors of his administration’s deadly so-called ‘war on drugs’.

“It also reminds the international community that nobody is above the law - no matter the ferocity of attacks, sanctions and threats aimed at the International Criminal Court from some world leaders.

“The Court’s Pre-Trial Chamber must now swiftly reach a decision on confirming the charges of crimes against humanity against Duterte so that justice can proceed.

“Just as Duterte has the right to a fair trial, timely progress towards justice remains essential to uphold victims’ rights. Should the charges be confirmed, the trial must proceed promptly, and witnesses must be protected from intimidation.

“We urge the Philippine government to cooperate with the Court’s ongoing investigation into crimes committed in the country, including by promptly enforcing any further arrest warrants issued by the Court.  

“The Government’s surrender of Duterte to the International Criminal Court does not absolve it of responsibility to deliver domestic accountability for violations in the ‘war on drugs’. Alongside the ICC, the Government must carry out effective investigations against all others suspected of involvement in extrajudicial executions and hold perpetrators accountable in fair trials.”

Duterte’s arrest

In March 2025, former President Duterte was arrested by the Philippine government and surrendered to the International Criminal Court to face charges of murder and attempted murder as crimes against humanity linked to his Government’s so-called “war on drugs” and previously, during his time as mayor of Davao City between 2013 and 2016. Duterte’s initial appearance before the Court took place on 14 March 2025.

During his administration (2016-2022), thousands of people, mostly from poor and marginalised communities, were unlawfully killed by the police – or by armed individuals suspected of having links to the police – as part of the ‘war on drugs’. 

Amnesty has published major investigations detailing extrajudicial executions and other human rights violations by police and their superiors, and has determined that the acts committed reach the threshold of crimes against humanity. Since his arrest, Duterte has been awaiting trial in ICC custody in the Netherlands. Lawyers acting for him have challenged the Court’s jurisdiction, his ongoing detention and his fitness to stand trial. Most recently, they sought the disqualification of Filipino lawyers who were appointed to represent victims before the Court.

The Pre-Trial Chamber needs to make its decision on whether to confirm some or all of the charges within 60 days after the hearings conclude on 27 February. Should it do so, the case would be transferred to a different chamber for the actual trial.

The ICC continues to investigate further potential crimes against humanity during the ‘war on drugs’ and by the Davao Death Squad in Davao City while Duterte served as mayor from 2011 to 2016. On 13 February 2026 a “Public Lesser Redacted Version” of the document containing charges listed eight other people as co-perpetrators of crimes alongside Duterte. No further arrest warrants have been made public yet.