Duterte pre-trial: crash course on international law

A tightly-contested legal battle unfolded in the International Criminal Court’s four-day confirmation of charges hearing against former President Rodrigo Duterte.

The decision, which is due within 60 days, now rests with the judges who will determine whether the case should proceed to a full trial.

The proceedings opened with prosecutors laying out a sweeping narrative that Duterte was central to a nationwide campaign of killings tied to his signature anti-drug crackdown.

They argued that the violence was not random but systematic, presenting evidence meant to show command responsibility, the alleged existence of death squad structures, and public statements that prosecutors said encouraged lethal operations.

The hearing, they stressed, was not about determining guilt but whether sufficient evidence exists to sustain charges of murder as crimes against humanity.

Day 2 — Accusers get their time

The victims’ participation formed the emotional core of the second day, as the lawyers representing families of the dead and survivors detailed the human toll of the campaign.

Submissions described patterns of targeting suspected drug users and dealers, asserting that the killings were carried out with impunity.

The court’s decision to allow additional victims to participate underscored the scale of the case and broadened the scope of representation before the tribunal.

Defense argues no criminal intent on Day 3

Defense arguments on the third day pushed back on both substance and jurisdiction. Duterte’s lawyers maintained that the statements cited by the prosecutors were rhetorical and aimed at deterrence, not criminal intent, while reiterating that the ICC lacked jurisdiction following the Philippines’ withdrawal from the Rome Statute in 2019.

In effect, the lawyers of the former president referred to the strategy of their client of initiating a legitimate crackdown on notorious drug networks to fulfill a campaign pledge.

Duterte himself did not attend the hearing, with the court granting his request to waive his personal appearance due to health concerns.

The final day centered on rebuttals and closing submissions. Prosecutors emphasized what they described as Duterte’s pivotal role and the need for accountability, while the defense reiterated its claim of political motivation while challenging the reliability of the prosecution evidence and the witnesses whom lead counsel Nicholas Kaufman said were confessed murderers.

Closing fireworks

With the arguments concluded, the pre-trial chamber now moves to the deliberations.

The judges are expected to rule within two months on whether the charges are confirmed, a decision that will determine if Duterte will face a full trial.

Until then, the four days in The Hague stand as a procedural but historic step toward what could become one of the most significant international criminal cases, one that will spell the future of the former Philippine leader and the court that is litigating him.