Duterte Drug War: ICC Hears No Proof of Direct Link to Killings

Defence Argues No Direct Link Between Duterte’s Speeches and Drug War Deaths Before ICC

The defence team representing former Philippine President Rodrigo Duterte has asserted that there is no demonstrable connection between his public statements and the killings that occurred during the country’s controversial “war on drugs.” This argument was presented during the ongoing confirmation of charges hearing at the International Criminal Court (ICC) in The Hague, as the court assesses whether sufficient evidence exists to proceed to a full trial on allegations of crimes against humanity. The four-day hearing, which began on February 23rd and is scheduled to conclude on February 27th, 2026, centres on accusations that Duterte orchestrated and incited violence resulting in the deaths of thousands.

The core of the prosecution’s case, as outlined in court, alleges a “systematic” pattern of killings carried out under Duterte’s direction, encompassing murders in Davao City during his time as mayor, killings of alleged “high-value targets” during his presidency, and deaths linked to barangay clearance operations. Prosecutors contend that Duterte and his “co-perpetrators” shared a “common plan to neutralise alleged criminals” through violent means, including murder. However, the defence is challenging this narrative, arguing that a direct causal link between Duterte’s rhetoric and the actions of those on the ground has not been established.

Understanding the ICC Confirmation of Charges Hearing

The current proceedings at the ICC are not a trial to determine guilt or innocence. Instead, this confirmation of charges hearing is a critical step in the process, designed to determine whether You’ll see “substantial grounds to believe” that Duterte committed the crimes with which he is charged. Presiding Judge Iulia Antoanella Motoc emphasized that no decision regarding Duterte’s guilt will be made during this phase. If the judges deem the evidence presented by the prosecution sufficient, the case will advance to a full trial before a different panel of judges. Otherwise, the charges could be dismissed, or the prosecution may be asked to gather additional evidence.

The charges against the 80-year-classic former leader stem from alleged crimes against humanity – specifically, murder and attempted murder – purportedly committed between November 1, 2011, and March 16, 2019. This timeframe encompasses both his presidency and his earlier roles as mayor and vice mayor of Davao City. An arrest warrant was initially issued under seal on March 7, 2025, and subsequently reclassified four days later.

Defence Focuses on Lack of Direct Evidence

The defence’s argument hinges on the assertion that while the “war on drugs” was undeniably violent, there is no “smoking gun” directly linking Duterte to the specific killings. They are questioning the credibility of prosecution witnesses, including those described as “self-confessed” participants in the alleged crimes, according to reports from ABS-CBN. The defence team is attempting to demonstrate that the killings were not the result of a centrally directed plan orchestrated by Duterte, but rather the actions of individuals operating independently, or potentially rogue elements within the police force.

This line of defence is crucial as the ICC prosecution is attempting to establish not only that the killings occurred, but also that they were part of a widespread and systematic attack against a civilian population – a key element in proving crimes against humanity. Establishing a direct link between Duterte’s statements and the actions of those carrying out the killings is central to demonstrating this systematic nature.

The Prosecution’s Case: A Pattern of Violence

The prosecution maintains that Duterte’s rhetoric, particularly his repeated calls to kill drug offenders, created a climate of impunity that emboldened police and vigilantes to carry out extrajudicial killings. They point to the sheer scale of the deaths – tens of thousands of alleged drug users and dealers were killed during the “war on drugs” – as evidence of a systematic campaign.

Prosecutors allege that the killings fall into three main categories: murders in Davao City during Duterte’s time as mayor, allegedly carried out by the “Davao Death Squad”; murders of “high-value targets” during his presidency; and deaths resulting from barangay clearance operations. They argue that these killings were not isolated incidents, but rather part of a coordinated effort to eliminate perceived criminals. The prosecution highlighted that Duterte’s statements fostered an environment where such violence was not only tolerated but actively encouraged.

ICC Proceedings and Confidentiality Concerns

The ICC proceedings have not been without their complexities. Reports indicate that redactions were made to the live broadcast of the hearing due to the disclosure of confidential information. This underscores the sensitivity of the information being presented and the need to protect the integrity of the investigation.

Duterte himself has waived his right to be present in the courtroom, stating that he does not recognise the ICC’s authority. His lawyer has maintained his innocence. This stance reflects the Philippines’ complex relationship with the ICC, having previously withdrawn from the court before rejoining.

What Happens Next?

Following the conclusion of the confirmation of charges hearing on February 27th, the ICC judges will deliberate and determine whether there are sufficient grounds to proceed to a full trial. The timeframe for their decision is not yet clear. If the judges decide to move forward, a trial would likely involve the presentation of further evidence, witness testimony, and legal arguments from both the prosecution and the defence.

The outcome of this case could have significant implications for international criminal justice and the accountability of political leaders for alleged human rights abuses. It also raises important questions about the role of rhetoric in inciting violence and the responsibility of those in power to uphold the rule of law. The Philippines News Agency reported that the prosecution alleges a “systematic” pattern of killings under Duterte’s leadership, a claim the defence is actively contesting.