THE HAGUE: Former Philippine president Rodrigo Duterte will face a crimes against humanity trial at the International Criminal Court (ICC) from Nov 30, the presiding judge said on Wednesday (May 27).
Duterte faces three counts of crimes against humanity, with prosecutors alleging his involvement in at least 76 murders between 2013 and 2018 during his so-called war on drugs.
The 81-year-old will be the first Asian former head of state to face trial at the ICC, which prosecutes individuals for the world’s worst crimes such as war crimes and crimes against humanity.
Prosecutors sought the Nov 30 start, and they expect to call between 60 and 70 witnesses during the trial.
“I am prepared to accede to the prosecution’s request,” said Judge Joanna Korner.
She did, however, order a further assessment of Duterte’s fitness to stand trial before proceedings begin.
The defence, led by British barrister Peter Haynes after a reshuffle, had urged judges not to set a date for trial, arguing that Duterte’s health needed to be assessed.
“It would be inappropriate to attempt to set a date. The defence position is that a commencement is contingent upon a determination of Duterte’s fitness to stand trial,” the defence said.
Duterte was declared fit for an earlier hearing that confirmed the charges against him, but he did not appear in person. His defence team said he was not mentally sharp enough to follow proceedings.
“His condition continues to deteriorate and will need more fully to be reviewed before any trial may commence,” argued the defence.
It is unlikely Duterte will ever appear at the court based in The Hague. Judges have granted him leave of absence at every hearing so far.
The only time he has been seen since his arrest was an initial appearance via video, where he seemed confused and tired, his speech barely audible.
‘Death squad’
During “confirmation of charges” hearings in February, the prosecution alleged Duterte killed thousands of suspected drug pushers and users, first as mayor of Davao City, then as president.
“Decades of murdering his own people, murdering the children of the Philippines, and he claims that he did it all for his country. He doesn’t deny it,” said Julian Nicholls, summing up for the prosecution after the hearings.
“He ran a death squad in Davao (city) that he created. He ran it for over 20 years before he became president. His promise was to kill thousands, and he did,” said Nicholls.
The true number of killings during his campaign in the Philippines is thought to be in the thousands, and lawyers for the victims have argued that a full trial could encourage more families to come forward.
The case comes with the ICC facing intense political pressure, including two rounds of US sanctions imposed since June 2025.
The Philippines left the ICC in 2019, on Duterte’s instructions, but the court has ruled that it still has jurisdiction over alleged crimes committed there between 2011 and 2019.
Duterte “absolutely” maintains his innocence, his former defence lawyer, Nicolas Kaufman, told the court in February.
Kaufman told ICC judges the evidence against Duterte is “wholly insufficient”, and the charges “grievously misplaced and politically motivated”.
He argued that while Duterte used “bluster and hyperbole” in his speeches, he also frequently ordered the authorities only to shoot in self-defence.
Duterte remains popular in the Philippines, where many favour his tough approach to crime. - AFP
