MANILA, Philippines — Former Philippine President Rodrigo Duterte is currently in the custody of the International Criminal Court (ICC) in The Hague, facing three counts of murder as a crime against humanity. His confirmation of charges hearing is scheduled to begin on February 23, 2026.
The path from his presidency to an international prison cell spans nearly a decade of legal battles, political defiance, and a dramatic arrest.
1. The Initial Complaints (2017–2018)
- April 2017: Lawyer Jude Sabio filed the first communication with the ICC, alleging crimes against humanity. This was supported by supplemental filings from Antonio Trillanes IV and Gary Alejano. The complaint relied on testimonies from Davao Death Squad (DDS) whistleblowers Edgar Matobato and Arturo Lascañas.
- August 2018: Activists and families of eight drug war victims filed a second major complaint against Duterte.
2. Withdrawal and Investigation (2018–2023)
- March 2018: Following the ICC’s announcement of a “preliminary examination,” Duterte ordered the Philippines to withdraw from the Rome Statute. The withdrawal took effect in March 2019.
- September 2021: The ICC Pre-Trial Chamber I authorized a formal investigation into killings occurring between November 1, 2011, and March 16, 2019 (covering his time as Davao City Vice Mayor, Mayor, and President).
- July 2023: The ICC Appeals Chamber rejected the Philippine government’s challenge to the tribunal’s jurisdiction, allowing the investigation to move forward.
3. The Secret Warrant and Arrest (2025)
- March 7, 2025: A warrant of arrest for Duterte was issued but initially kept “secret” by the ICC to ensure a successful apprehension.
- March 11, 2025: In a dramatic 14-hour operation, Duterte was arrested at Ninoy Aquino International Airport (NAIA) upon returning from a trip to Hong Kong. He was immediately whisked onto a chartered plane and turned over to the ICC in The Hague the following day.
4. Current Status (2026)
- Charges: The prosecution has finalized three counts of murder covering 49 specific incidents involving 78 individuals, including the high-profile killings of teenager Kian Delos Santos and Albuera Mayor Rolando Espinosa Sr.
- The Defense: Duterte’s lawyers continue to argue that he was “kidnapped” and that the ICC lacks jurisdiction. They have repeatedly sought his interim release due to his age, which has been denied.
- Victim Representation: Human rights lawyers Joel Butuyan and Gilbert Andres serve as the legal representatives for the victims, focusing on Duterte’s role in masterminding the policy that led to the killings.