Philippines: ICC Hearing Offers Hope for Duterte’s ‘War on Drugs’ Victims

The Hague, Netherlands – Confirmation hearings at the International Criminal Court (ICC) regarding alleged crimes against humanity committed during former Philippine President Rodrigo Duterte’s “war on drugs” have ignited a fragile hope among survivors and families of victims. The hearings, held between February 23 and 27, 2026, represent a pivotal moment in the pursuit of accountability for the thousands killed and impacted by the brutal anti-drug campaign launched in 2016. Although the full extent of the atrocities remains under investigation, the proceedings offer a potential pathway to justice that has long been denied within the Philippines’ domestic legal system.

The case centers on 49 alleged incidents of murder and attempted murder, involving 78 victims, including children, as presented by ICC prosecutors. However, prosecutors emphasized that these incidents represent only a fraction of the estimated thousands of killings attributed to both police forces and vigilante groups during Duterte’s tenure. The prosecution alleges that Duterte played a “pivotal” role in orchestrating a campaign of extrajudicial killings, claiming he personally drew up death lists, incited violence, and even boasted about his involvement.

The Human Cost of the “War on Drugs”

Stories like those of Gito and Andrea, shared with Inter Press Service, illustrate the devastating human toll of Duterte’s policies. Gito, 15 years old in December 2016, witnessed the execution of his father by police officers who stormed their home in Caloocan City. He was subsequently arrested, tortured, and detained for three years, while his family was fractured and his mother’s mental health deteriorated. Andrea, five months pregnant in October 2017, endured the execution of her husband and father-in-law by masked gunmen who invaded her home, and was herself injured in the shooting. These are not isolated incidents, but rather representative of the widespread trauma inflicted upon countless Filipino families.

Official police data indicates at least 6,252 people were killed during anti-illegal drug operations as of May 31, 2022. However, human rights groups estimate the actual death toll to be significantly higher, potentially reaching 30,000 when including victims of vigilante-style killings. Documents obtained by Rappler reveal that the Philippine National Police (PNP) recorded 7,884 deaths between July 1, 2016, and August 31, 2020, highlighting the discrepancy between official figures and independent assessments.

The ICC Investigation: A History of Obstacles

The ICC’s involvement in the Philippines dates back to 2018, when the court began a preliminary examination into alleged crimes against humanity committed during the “war on drugs.” In 2021, the ICC authorized a formal investigation, but faced immediate resistance from the Duterte administration. The Philippines, having withdrawn from the ICC in 2019, argued that the court had no jurisdiction. However, the ICC maintained its authority, citing the fact that the alleged crimes occurred while the Philippines was still a member of the court.

Despite the legal challenges, the investigation proceeded, with ICC prosecutors gathering evidence and interviewing witnesses. The confirmation hearings in February and March 2026 represent a crucial step in determining whether there is sufficient evidence to proceed to a full trial. The hearings involved the presentation of evidence by both the prosecution and the defense, as well as the opportunity for judges to ask questions and assess the credibility of the information presented.

Duterte’s Defense and the Question of Command Responsibility

Duterte’s defense team argued that the former president did not issue specific orders to kill drug suspects and that his actions were within the bounds of the law. They presented arguments suggesting that the anti-drug campaign was a legitimate law enforcement effort aimed at combating a serious problem. However, the prosecution countered that Duterte’s rhetoric and actions created a climate of impunity that encouraged and facilitated extrajudicial killings. They presented videos of Duterte threatening drug users and boasting about his own involvement in killings, arguing that this demonstrated his intent to incite violence.

A key aspect of the case revolves around the concept of command responsibility, which holds that superiors can be held accountable for the crimes committed by their subordinates if they knew or should have known about the crimes and failed to prevent them. The prosecution argues that Duterte, as president and commander-in-chief, had a responsibility to prevent the widespread killings and that his failure to do so constitutes a crime against humanity. Human Rights Watch reports that families of victims are closely following the proceedings, hoping for a measure of justice after years of suffering.

The Domestic Context: Impunity and Limited Accountability

For years, domestic institutions in the Philippines have failed to deliver justice for the victims of the “war on drugs.” Rights groups have documented instances of investigations being stonewalled, courts offering no meaningful accountability, and families of victims being silenced by fear. The Commission on Human Rights (CHR), mandated by the Philippine Constitution to investigate state abuses, faced significant obstacles from the Duterte government in its own probes. This lack of domestic accountability is a key reason why families and activists have turned to the ICC as a last resort.

Despite the ICC proceedings, concerns remain about the potential for impunity to continue in the Philippines. Allies of Duterte continue to push for immunity bills and resolutions questioning the ICC’s jurisdiction. GMA Network reported on March 11, 2026, that both supporters and critics of Duterte staged rallies marking the first anniversary of his arrest warrant, highlighting the deep political divisions surrounding the issue.

Regional and Global Implications

The ICC’s investigation into the Philippines’ “war on drugs” has broader implications for international criminal justice and the fight against impunity. It sends a message to leaders around the world that they can be held accountable for crimes against humanity, even if they enjoy political power or immunity. The case also highlights the importance of international cooperation in investigating and prosecuting serious crimes, particularly when domestic institutions are unable or unwilling to do so.

the proceedings serve as a cautionary tale about the dangers of repressive drug policies and the devastating consequences of prioritizing law enforcement over human rights. The large-scale human rights violations committed under Duterte’s campaign underscore the need for a more humane and evidence-based approach to drug control, one that prioritizes public health and harm reduction over punishment and violence. Rappler provides a detailed timeline of the ICC’s involvement, illustrating the protracted nature of the investigation.

What’s Next: Awaiting the ICC’s Decision

The ICC has 60 days from the conclusion of the confirmation hearings to issue a decision on whether to proceed with the case against Duterte. The court could decide to confirm the charges and move forward with a full trial, request additional evidence, or halt the process altogether. The decision will have significant implications for the pursuit of justice for the victims of Duterte’s “war on drugs” and for the future of international criminal justice.

Regardless of the ICC’s decision, activists and human rights groups are committed to continuing their fight for accountability in the Philippines. They are advocating for domestic investigations and prosecutions, as well as for reforms to the country’s legal system to ensure that victims have access to justice. The pursuit of accountability is a long and arduous process, but it is essential for healing the wounds of the past and preventing future atrocities.