Hendra Wijaya
Former Philippine President Rodrigo Duterte has appeared in person before the International Criminal Court for the first time, marking a major milestone in the high-profile crimes against humanity case stemming from his administration’s lethal crackdown on illegal narcotics.
The 81-year-old former leader attended a preparatory session on Wednesday in The Hague, sitting silently throughout the proceedings. The hearing was convened to address key administrative and logistical matters, including the disclosure of evidence, assessments of his physical and mental health, and the formal schedule for his upcoming trial.
Following his arrest and subsequent transfer to the custody of the Netherlands-based tribunal in March 2025, Duterte had previously missed court sessions on medical grounds. The court confirmed that his full trial is scheduled to officially commence on November 30.
The international tribunal has formally charged the former president with crimes against humanity, focusing on his direct involvement in orchestrating state-sanctioned violence. Prosecutors allege that Duterte established, financed, and armed specialized death squads that systematically targeted suspected drug users and street-level dealers.
According to court filings, the formal indictment encompasses Duterte’s alleged responsibility for at least 76 specific murders carried out between 2013 and 2018. This timeframe spans his tenure as the long-serving mayor of the southern city of Davao and continues through the initial years of his presidency, which lasted from 2016 until 2022.
Duterte has consistently rejected the accusations levied against him by the international court. Throughout the investigation, he has maintained that law enforcement personnel were strictly instructed to use lethal force only in situations where they were required to act in self-defence during dangerous anti-drug operations.
In the lead-up to Wednesday's appearance, Duterte’s legal defence team mounted a concerted effort to halt proceedings, filing a motion arguing that he suffers from severe cognitive decline that renders him incapable of meaningfully participating in his own trial. His attorneys claimed that profound memory loss prevents him from retaining new details or accurately remembering past events.
To support their claims, the defence highlighted an unpublished assessment compiled by three independent medical experts. The report indicated that Duterte displayed significant disorientation during examinations, mistakenly believing the current calendar year to be 2007 or 2008, misstating his age as 84 or 85, and failing to correctly identify the current sitting president of the United States.
Despite these medical filings, the court's judges ruled in January that Duterte remained mentally and physically competent to face legal proceedings. The judicial panel dismissed the defence’s bid to excuse him indefinitely and explicitly instructed that he attend court sessions in person.
Following Wednesday’s preparatory hearing, prosecution counsel Julian Nicholls delivered a pointed assessment of the case against the former president, underscoring the severe human toll of the anti-drug initiative. Nicholls stated that Duterte had spent decades overseeing the killing of his own citizens, including children, while attempting to justify the bloodshed as an act of national service.
The prosecutor added that Duterte had openly pledged to eliminate thousands of people during his campaign and ultimately carried out that violent promise.
The human cost of the Philippine anti-drug campaign remains deeply contested between government officials and independent monitors. Official statistics released by Philippine police acknowledge 6,200 deaths during anti-narcotics operations, whereas human rights organizations and ICC prosecutors estimate that the true overall death toll could be as high as 30,000.
The sight of Duterte in the courtroom brought a measure of hope to relatives of those killed during the nationwide crackdowns. Randy Delos Santos, whose teenage nephew was slain by police officers under Duterte’s presidential administration, expressed relief that the former leader was deemed healthy enough to be seated before the bench.
Delos Santos remarked that observing Duterte in apparent physical fitness gives victims and their grieving relatives renewed faith that a transparent legal process is finally underway to deliver long-awaited accountability.
Legal representatives acting on behalf of other victims echoed these sentiments, noting that holding an open and comprehensive trial could inspire many more affected families in the Philippines to step forward and seek justice for their lost loved ones.
Duterte’s appearance cements his status as the first former head of state from Asia to stand trial before the International Criminal Court.
The proceedings move forward despite prior attempts by Duterte to evade the court's reach. After the ICC initiated its preliminary inquiry into his administration's anti-narcotics campaign, Duterte announced the Philippines' formal withdrawal from the tribunal in 2018. However, ICC judges rejected jurisdictional challenges last year, ruling definitively that the court maintains authority to prosecute alleged crimes committed while the nation was still a state party.
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