Ahead of former Philippines President Rodrigo Duterte’s confirmation of charges hearingatthe International Criminal Court (ICC) on Monday 23 February, Amnesty International’s Secretary General Agnès Callamard said:
“Former President Rodrigo Duterte’s long-awaited day in court is a significant step towards delivering justice for victims and survivors of his administration’s deadly so-called ‘war on drugs’.
“It also reminds the international community that nobody is above the law, no matter the ferocity of attacks, sanctions and threats aimed at the ICC from some world leaders.
“The ICC’s Pre-Trial Chamber must now swiftly reach a decision on confirming the charges of crimes against humanity against Duterte so that justice can proceed.
“Just as Duterte has the right to a fair trial, timely progress towards justice remains essential to uphold victims’ rights. Should the charges be confirmed, the trial must proceed promptly and witnesses must be protected from intimidation.
“We urge the Philippine government to cooperate with the ICC’s ongoing investigation into crimes committed in the country, including by promptly enforcing any further arrest warrants issued by the Court.
“The government’s surrender of Duterte to the ICC does not absolve it of responsibility to deliver domestic accountability for violations in the ‘war on drugs’. Alongside the ICC, the government must carry out effective investigations against all others suspected of involvement in extrajudicial executions and hold perpetrators accountable in fair trials.”
Background
In March 2025, former President Duterte was arrested by the Philippine government and surrendered to the ICC to face charges of murder and attempted murder as crimes against humanity linked to his government’s so-called “war on drugs” and previously his time as mayor of Davao City between 2013 and 2016. Duterte’s initial appearance before the Court took place on 14 March 2025.
Since his arrest, he has been awaiting trial in ICC custody in the Netherlands. Lawyers for the former President have challenged the Court’s jurisdiction, his ongoing detention and his fitness to stand trial. Most recently, they have sought the disqualification of Filipino lawyers who were appointed to represent victims before the Court.
A challenge to the Court’s jurisdiction remains pending before the Appeals Chamber. In January 2026, a Pre-Trial Chamber determined, following a review by medical experts, that Duterte is fit to stand trial.
The Pre-Trial Chamber needs to make its decision on whether to confirm some or all of the charges within 60 days after the 23-27 February hearings conclude. Should it do so, the case would be transferred to a different chamber for the actual trial.
During the Duterte administration from 2016 to 2022, thousands of people, mostly from poor and marginalized communities, were unlawfully killed by the police – or by armed individuals suspected to have links to the police – as part of the “war on drugs”.
Amnesty International has published major investigations detailing extrajudicial executions and other human rights violations by police and their superiors. The organization has determined that the acts committed reach the threshold of crimes against humanity.
The ICC continues to investigate further potential crimes against humanity, during the “war on drugs” and by the Davao Death Squad in Davao City while Duterte served as mayor from 2011 to 2016. On 13 February 2026 a “Public Lesser Redacted Version” of the document containing charges listed eight other persons as co-perpetrators of crimes alongside Duterte. No further arrest warrants have been made public yet.
