Duterte in ICC custody for crimes against humanity

DAVAO CITY  – Former Philippine President Rodrigo Roa Duterte was officially placed in the custody of the International Criminal Court (ICC) on March 12, 2025, following his arrest by Philippine authorities under an ICC-issued warrant for crimes against humanity.

In a press statement released by the ICC, it stated that Duterte’s arrest comes after Pre-Trial Chamber I of the ICC, composed of Presiding Judge Iulia Antoanella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge María del Socorro Flores Liera, reviewed evidence submitted by the Office of the Prosecutor (OTP) and found reasonable grounds to believe that he was individually responsible for the crime against humanity of murder. The alleged offenses were committed between November 1, 2011, and March 16, 2019, spanning his tenure as Mayor of Davao City and later as President of the Philippines.

Charges Against Duterte

According to the ICC’s official statement, the Office of the Prosecutor applied for an arrest warrant on February 10, 2025, listing charges of murder, torture, and rape. However, the Chamber approved the arrest warrant specifically for the charge of murder.

The ICC alleges that Duterte played a key role in the systematic killing of individuals labeled as criminals, operating first as the head of the Davao Death Squad (DDS) before expanding the campaign nationwide through his controversial war on drugs. The Chamber determined that these actions were carried out under a coordinated State policy, leading to thousands of deaths over several years.

Scope of the Investigation

The ICC’s case against Duterte focuses on a sample of alleged incidents, forming part of what the Chamber describes as a widespread and systematic attack against a civilian population. The Office of the Prosecutor contends that Duterte, alongside other officials, orchestrated targeted killings of individuals identified as drug offenders or individuals with criminal ties.

The case against Duterte builds upon years of investigative efforts. The ICC first sought authorization to investigate the situation in the Philippines on May 24, 2021, focusing on crimes committed during Duterte’s war on drugs from 2011 to 2019. The Philippines withdrew from the ICC’s Rome Statute in 2019, but the court maintains jurisdiction over crimes committed while the country was still a State Party.

Next Steps: Duterte’s Initial Court Appearance

Duterte is expected to appear before the ICC in The Hague for his initial hearing, where:

1. The court will confirm his identity.

2.The language of the proceedings will be determined.

3. He will be officially informed of the charges against him and his legal rights under the Rome Statute.

The ICC Registrar, Osvaldo Zavala Giler, acknowledged the Philippine government’s cooperation in Duterte’s arrest, commending authorities for upholding international accountability mechanisms. The Netherlands, as the ICC Host State, also played a role in facilitating Duterte’s transfer.

Duterte’s arrest has sparked divided reactions in the Philippines while Human rights organizations see the ICC’s action as a landmark moment in holding leaders accountable for extrajudicial killings.

Duterte’s supporters claim the charges are politically motivated and argue that his war on drugs protected millions of Filipinos from the dangers of narcotics.

Vice President Sara Duterte, his daughter, has strongly condemned the arrest, calling it an attack on Philippine sovereignty.

The administration of President Ferdinand Marcos Jr. has reaffirmed that the arrest was conducted through legal channels, but has yet to issue a definitive position on Duterte’s extradition.

Duterte’s case will be closely monitored, as it marks one of the most high-profile trials of a former head of state at the ICC. The court’s handling of the case will test the strength of international justice and its ability to prosecute leaders for crimes against humanity.

With the ICC now controlling his fate, Duterte faces the most significant legal battle of his life, one that could shape the future of international criminal accountability and human rights enforcement worldwide.