Former President of the Philippines Rodrigo Duterte has been charged with three counts of crimes against humanity by the International Criminal Court (ICC), which alleges that he played a role in the murders of at least 76 people during his so-called “war on drugs”.

The charges against the 80-year-old, who has been held in a detention facility in the Netherlands since March, are set out in a document that was published by the ICC on Monday.

They relate in part to the anti-drug crackdown Duterte led when he was president, which resulted in the deaths of thousands of alleged narcotics dealers and users.

The heavily redacted ICC charge sheet, which is dated from early July and is signed by the court’s deputy prosecutor, Mame Mandiaye Niang, sets out what prosecutors see as Duterte’s individual criminal responsibility for dozens of deaths that occurred between 2013 and 2018.

The first count dates to his time as mayor of Davao City, when he is alleged to have been an “indirect co-perpetrator” in 19 murders between 2013 and 2016.

The second and third ICC charges concern his years as president. The former relates to the murders of 14 so-called “high-value” targets in 2016 and 2017, while the latter refers to 43 murders committed during “clearance” operations against lower-level alleged criminals between 2016 and 2018.

The 76 murders were carried out by police as well as non-state actors, such as hitmen, according to the ICC document.

The publication of the charges came several weeks after a court delayed Duterte’s appearance scheduled for later this month at the ICC to hear the accusations against him.

The court must first consider whether the former president is fit to stand trial, following his lawyer Nicholas Kaufman’s suggestion that the case should be indefinitely postponed because of Duterte’s poor health.

Kaufman has said that Duterte is suffering “cognitive impairment in multiple domains”.

Duterte was arrested in the Philippines’ capital, Manila, on March 11, and was swiftly flown to the Netherlands, where he has been held in ICC custody. The 80-year-old insists his arrest was unlawful.

Duterte’s supporters in the Philippines allege that his detention is political and the result of his family’s falling out with the current president of the Philippines, Ferdinand Marcos Jr. (Al Jazeera)

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By Jayson Cainglet

At 09:20 (Manila Time) on the morning of March 11, 2025, the Prosecutor General of the International Criminal Court served an arrest warrant for crimes against humanity on former Philippine President Rodrigo Duterte.

14 hours later, the plane that would bring Mr Duterte to the Hague in the Netherlands left the country, making him the first Asian former head of state to be arrested by the ICC.

The event marks a pivotal moment for justice and accountability in Asia. It was a day of reckoning for the thousands killed and their families, for the survivors and witnesses who courageously narrated their stories in whispers at the height of Mr Duterte’s bloody war against his own people.

It was a day that those who stood up against the six-year carnage thought would never come – the human rights defenders, journalists, community organizations, the clergy, public interest lawyers, forensic experts, and ordinary citizens that fearlessly chronicled each case that now runs in the thousands, and which formed the basis of the ICC’s case against Mr Duterte.

The Office of the Prosecutor of the ICC stated that Mr Duterte has been arrested in the context of the Office’s ongoing investigation into the situation of the country. It added that on the basis of its independent and impartial investigations, Mr Duterte, as founder and head of the Davao Death Squad when he was the Mayor of Davao City, and subsequently as the President of the Philippines, was 

“… criminally responsible for the crime against humanity of murder [Article 7(1)(a) of the Rome Statute] committed in the Philippines between November 1, 2011 and March 16, 2019.”

The statement further read that “Mr Duterte is alleged to have committed these crimes as part of a widespread and systematic attack directed against the civilian population.”

A day after his arrival at the ICC, Duterte appeared in court for the first time to confirm his identity and for the Court to hear that the suspect understood the crime which he is alleged to have committed, and that he understood the rights he is entitled under the Rome Statute – the Court’s founding treaty.

The Philippine Commission on Human Rights (CHR) welcomed the arrest from the ICC as it underscores that due process is an integral pillar of justice where the voices of the victims can finally be heard.

“A fair and impartial legal process is essential in uncovering the truth and, ultimately, holding perpetrators accountable, should guilt be established,” the CHR stated.

Human rights groups and media organizations have placed the number of victims of extra judicial killings during Duterte’s administration between 20,000 and 30,000.

The Philippine governments’ own Justice Department has so far reviewed 5,000 cases. But only eight policemen have been convicted to date, and only because these were celebrated cases that exposed the impunity and moral depravity of the so-called War on Drugs.

Official police records, on the other hand, would show a significantly lower figure: some 6,000 suspects killed in his war on drugs.

Start of the healing process

For victims of Duterte’s so-called Drug War, his arrest marks a step toward justice and the start of their journey for inner peace and acceptance.

For now, they await the arrest of Duterte’s conspirators who carried out the War in impoverished communities, against petty drug pushers, peddlers, and users whose names were included on a fabricated drug watch list, against his political opponents, and against hapless women and children who were killed in the War as “collateral damage.” A final verdict is expected to take several years, but for the kin and survivors of Duterte’s killing spree, it will be worth the wait.

Duerte’s incarceration at The Hague is already seen as a victory for the global human rights community, as it sends a strong message that ruthless leaders cannot keep their reign of terror with impunity, and that they can be held to account.

Duterte’s arrest also cements the relevance of the ICC in current global politics given the criticisms it has been receiving from US President Donald Trump, who called it “ineffective” and “biased” against the United States and its allies, and the usual attacks coming from Russia and China.

Duterte’s arrest could also inspire similar pursuit of justice for abuses in other Asian countries and an increased pressure on governments to address human rights violations, especially in Myanmar, Cambodia, and Sri Lanka.

While ICC Prosecutor Karim Khan has acknowledged the criticism surrounding the ICC’s effectiveness in enforcing arrest warrants especially on high-profile leaders such as Russia’s Vladimir Putin and Israel’s Benjamin Netanyahu, he underscores the substantial value that international law holds. Its effectiveness however, hinges upon the international community’s cooperation.

“But international law is not weak as some may think. When we come together, when we build partnerships, the rule of law can prevail,” Khan said.

If convicted, Duterte will be the first Asian leader to be meted a sentence by the ICC. But the trial may last anywhere from 2-8 years.

Jayson Cainglet is the Executive Director of the Samahang Industriya ng Agrikultura (SINAG), a leading Philippine multi-agriculture industry advocacy group. He advocates for local farmers, opposing excessive imports and pushing for government support to lower production costs. Cainglet is vocal on policies affecting food prices and agricultural sustainability. Before his tenure at SINAG, Cainglet facilitated the Agribusiness Action Initiatives (AAI) for the Asia Pacific region. He has also contributed as a freelance writer and researcher, focusing on global trade, corporate governance, economic justice, financing for development, food sovereignty and farmers’ rights.

Factum is an Asia-Pacific focused think tank on International Relations, Tech Cooperation, Strategic Communications, and Climate Outreach accessible via www.factum.lk.

The views expressed here are the author’s own and do not necessarily reflect the organization’s.

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The office of the President of the Philippines has reported the arrest of the country’s former leader, Rodrigo Duterte, after receiving a request from the International Criminal Court (ICC).

Duterte was taken into custody on Tuesday at Manila airport upon his arrival from Hong Kong, according to the Philippine government, which received the ICC request through the international police agency, Interpol.

“Upon his arrival, the prosecutor general served the ICC notification for an arrest warrant to the former president for the crime of crime against humanity,” the government said in a statement.

“He’s now in the custody of authorities,” it said.

The charge of “crimes against humanity” is related to Duterte’s brutal anti-drugs drive. The so-called “war on drugs”, while Duterte was in office from 2016-2022, deprived suspects of “due process under the law”, according to the arrest warrant, and resulted in the deaths of thousands of people, including children.

In a statement, Human Rights Watch (HRW) described Duterte’s arrest as “a critical step for accountability in the Philippines”.

“His arrest could bring victims and their families closer to justice and sends the clear message that no one is above the law. The Marcos government should swiftly surrender him to the ICC,” said Bryony Lau, HRW’s deputy Asia director.

Defending his actions amid reports of his possible arrest, Duterte had previously said that he “did everything…for the Filipino people”.

“If it’s really my fate in life, that’s OK, I will accept it. There’s nothing I can do about it. If I’m arrested, if I’m jailed, so be it,” he had said.

Over the course of Duterte’s six-year presidency, more than 7,000 people were killed in official anti-drug operations, according to police records.

However, human rights advocates have claimed that the killings numbered more than 30,000, including those who were killed by unknown suspects, some of whom later turned out to be police officers. (Al Jazeera)

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