The International Criminal Court (ICC) in The Hague confirmed on Friday that legal proceedings against former Philippine President Rodrigo Duterte would continue, even after the 80-year-old leader formally rejected the court’s jurisdiction over him. The decision comes amid intensifying scrutiny of Duterte’s controversial war on drugs, which is alleged to have resulted in thousands of extrajudicial killings during his tenure from 2016 to 2022.
Duterte last week filed a waiver stating he would not attend the scheduled “confirmation of charges” hearing, originally set for February 23 to 27. In his filing, he cited frailty and age, stating, “I have accepted the fact that I could die in prison,” while also denying the legitimacy of the ICC’s authority over him. Despite the ex-president’s absence, the court announced that proceedings would move forward, signaling that justice would not be delayed by his refusal to appear.
The ICC’s three-judge panel weighed Duterte’s waiver against objections from prosecutors, who had argued that the ex-president should appear, emphasizing that no “reasonable cause” justified his absence. Ultimately, the judges determined that Duterte had been fully informed by his legal team of the consequences of waiving his appearance and that the proceedings could proceed in his absence without compromising due process.
The court’s decision is rooted in the allegations that Duterte oversaw a nationwide campaign of extrajudicial killings targeting alleged drug users and traffickers. The ICC notes that the scale of the killings—thousands over six years—constitutes a potential “crime against humanity.” The judges stressed that while Duterte is refusing to recognize the court’s authority, this refusal does not halt the investigation or prosecution.
In his legal filings, Duterte described the ICC’s actions as a violation of Philippine sovereignty. He claimed he had been “forcibly pushed into a jet and renditioned” to The Hague, insisting that he could not meaningfully participate in proceedings that he argued he would “forget within minutes.” Duterte also issued a blanket denial of all charges, stating that the allegations against him were “outrageous lies” propagated by political opponents. He maintained that witnesses whose accounts underpin the ICC case had been “thoroughly discredited.”
Despite Duterte’s absence, the ICC remains committed to pursuing the charges. Legal analysts note that proceeding without the accused present is not unprecedented in international law, particularly when there is evidence of serious crimes and the defendant has explicitly refused to engage. The court’s decision underscores the principle that accountability is not contingent on the physical presence of the accused.
The timing of the ICC’s announcement coincides with a high-profile political development in the Philippines: the formal announcement by Duterte’s daughter, Vice President Sara Duterte, that she intends to run for the presidency in 2028. In her public address, she framed her candidacy as a fulfillment of “God’s plan,” an appeal to the Philippines’ deeply religious, majority Catholic population. Sara Duterte emphasized her commitment to national service, pledging to dedicate her “life, strength, and future” to the country.
Sara Duterte’s political ambitions are seen by many as a continuation of her father’s influence in Philippine politics. However, her rise also comes after a fractious relationship with President Ferdinand Marcos Jr., whom she initially supported in the 2022 elections. The political alliance, which saw Sara Duterte serve as Marcos’ running mate, quickly deteriorated, culminating in Duterte’s referral to international authorities and eventual ICC proceedings. Analysts suggest that her candidacy may reignite debates over her father’s controversial legacy and the Duterte family’s role in Philippine governance.
The former vice president’s announcement drew public support from Senator Imee Marcos, a prominent member of the Marcos family and an ally of Sara Duterte. Marcos described the vice president as a figure capable of providing “direction to a rudderless country” and positioned her as a solution to what she characterized as the failings of the current administration. This endorsement signals an attempt to consolidate support among political factions historically aligned with the Duterte-Marcos bloc.
Yet, Sara Duterte’s announcement was not without criticism. Leila de Lima, a former senator and vocal critic of Rodrigo Duterte, who was herself imprisoned for years on charges widely considered politically motivated, stated that Sara Duterte’s candidacy highlights the need for accountability. “It is her right to declare even this early,” de Lima told reporters. “But it is also the right of every Filipino to demand answers for serious allegations of corruption against her.” De Lima urged that allegations of wrongdoing be addressed before political ambitions are pursued, emphasizing the broader tension between political legacy and legal accountability in the Philippines.
Observers note that the Duterte family remains a polarizing force in Philippine politics. Rodrigo Duterte retains significant popularity among certain voter segments, particularly for his aggressive stance on crime and his populist messaging. However, international criticism has mounted over human rights abuses during his presidency, culminating in the ICC’s ongoing investigation. Analysts suggest that the court’s proceedings could influence public perception ahead of the 2028 election, particularly if they shine a light on the human cost of Duterte’s policies.
The ICC’s handling of the case reflects the challenges of prosecuting alleged crimes against humanity in a global context. Proceedings must balance the rights of the accused with the need to pursue justice for victims. By allowing the confirmation of charges to proceed despite Duterte’s absence, the court is sending a clear message that international law can hold leaders accountable for actions committed while in power, regardless of national political dynamics or personal refusal to engage.
Legal experts emphasize that the next phase of the ICC process will involve evaluating the evidence presented by prosecutors and determining whether there is sufficient basis to proceed to trial. If the judges confirm the charges, it could lead to a formal trial in The Hague, potentially drawing further international attention to the Philippines’ war on drugs and Duterte’s controversial legacy. Such proceedings could also set precedents for holding former heads of state accountable in international courts, reinforcing the principle that no individual is above the law.
Meanwhile, the Philippine political landscape is entering a period of intense maneuvering. With Sara Duterte positioning herself for a presidential bid, opposition figures are likely to scrutinize her family’s history and her father’s administration. The intersection of domestic politics and international legal proceedings may create a highly charged environment, shaping both electoral dynamics and public discourse.
Observers suggest that the Duterte family’s political calculus may involve leveraging popular support while navigating legal challenges abroad. Sara Duterte’s campaign is expected to emphasize continuity in policy and personal charisma, while opponents may focus on accountability, corruption allegations, and human rights concerns. The ICC proceedings against Rodrigo Duterte will likely remain a focal point in this debate, providing a backdrop to the 2028 presidential race.
Human rights groups have welcomed the ICC’s decision, viewing it as a critical step toward justice for victims of the anti-drug campaign. International organizations have repeatedly condemned the scale of extrajudicial killings under Duterte, and Friday’s ruling reinforces the notion that international mechanisms can serve as recourse when domestic institutions fail to address systemic abuses. Advocates stress that accountability at the international level is essential not only for justice but also for deterrence, signaling to future leaders that such actions carry consequences beyond national borders.
In conclusion, the ICC’s confirmation to proceed with Rodrigo Duterte’s case, despite his refusal to attend, marks a pivotal moment in international law and Philippine politics. The decision highlights the tension between national sovereignty and international accountability, underscores the enduring human rights concerns stemming from Duterte’s war on drugs, and sets the stage for significant political developments in the Philippines. As the nation prepares for the 2028 presidential elections, the intersection of familial political ambition and ongoing international legal proceedings will continue to captivate both domestic and global audiences.
With Sara Duterte’s campaign gaining momentum and legal developments unfolding in The Hague. How these parallel narratives intersect may define the Philippines’ political and judicial landscape for years to come, illustrating the profound consequences of leadership choices on both national and international stages.
