The defense team representing former Philippine President Rodrigo Duterte asserted Monday that no direct evidence links his public statements to the alleged extrajudicial killings committed during his “war on drugs,” as a confirmation of charges hearing commenced at the International Criminal Court (ICC) in The Hague.
During the hearing, intended to determine if sufficient evidence exists to proceed to a full trial on charges of crimes against humanity, Duterte’s lawyer challenged the credibility of prosecution witnesses described as “self-confessed” hitmen, according to reports from ABS-CBN News. The defense argued that the prosecution had failed to establish a “smoking gun” connecting Duterte to the murders carried out between November 2011 and March 2019, encompassing killings in Davao City during his time as mayor, and nationwide during his presidency.
ICC judges are examining allegations that Duterte and his co-perpetrators pursued a “common plan” to neutralize suspected criminals through violent means, including murder. The prosecution presented evidence alleging a systematic pattern of killings, focusing on three key areas: murders linked to the “Davao Death Squad,” killings of “high-value targets” during his presidency, and deaths during barangay clearance operations, as reported by the Philippine News Agency.
The ICC Prosecutor, Mame Niang, told judges that Duterte’s “war on drugs” resulted in the deaths of thousands of civilians, including children, and called for him to be held accountable. According to the BBC, Niang stated the proceedings served as “a reminder that those in power are not above the law.”
An arrest warrant for Duterte was issued under seal in March 2025, and later reclassified. The ICC confirmed that redactions made during the live broadcast of the hearing were necessary to protect confidential information, according to Inquirer.net. Duterte, 80, has maintained his innocence and does not recognize the ICC’s authority, having waived his right to be present in court.
The four-day confirmation hearing will assess whether there are “substantial grounds to believe” that Duterte committed the crimes charged. Presiding Judge Iulia Antoanella Motoc emphasized that the chamber would not be making any decisions regarding Duterte’s guilt or innocence at this stage, as reported by UN News. The ICC estimates up to 30,000 fatalities occurred during the period in question, while Philippine police report a figure of up to 7,000 deaths.
