ICC confirms crimes against humanity trial of ex-Philippine leader Duterte

Judges ⁠at the International Criminal Court (ICC) have confirmed all three counts of murder as crimes against ⁠humanity against former Philippine President Rodrigo Duterte and committed him to trial.

The judges on Thursday said there were “substantial grounds” ⁠to believe Duterte, 81, played a key role in the murders of 76 people and the attempted murder of two others as part of his so-called “war on drugs”, which prosecutors ‌say killed thousands of civilians in the Philippines.

“The available evidentiary material shows the existence of a common plan between Mr Duterte and his co-perpetrators to kill alleged criminals in the Philippines, including those perceived or alleged to be associated with drug use, sale ⁠or production, through violent crimes including murder,” ⁠the court said.

Prosecutors have said Duterte created, funded and armed death squads to kill suspected narcotics dealers and users when he ⁠was in power between 2016 and 2022.

Duterte was arrested in the Philippines last year, but denies the charges against him, insisting he instructed the ⁠police to kill only in self-defence.

His lead defence lawyer, Nick Kaufman, said the prosecution “cherry-picked” examples of his client’s “bombastic rhetoric” and that he never intended to incite violence.

It is unclear whether Duterte will attend his trial. His defence team says he is mentally too weak to follow the proceedings.

In previous cases, it has taken the ICC up to a ‌year between ‌the confirmation of charges and the start of a trial.

Estimates of the death toll during Duterte’s presidential term vary from 6,000, reported by police, to 30,000, reported by some human rights groups.

Director of Amnesty International Philippines, Ritz Lee Santos, hailed the ICC ruling as a “historic moment for victims and international justice”.

“It sends a clear message that those who are alleged to have committed widespread and systematic murder as a crime against humanity will one day find themselves in the dock, facing trial.”

Maria Elena Vignoli, senior international justice counsel at Human Rights Watch, said Duterte’s trial will “send a powerful message that no one responsible for grave crimes is above the law, whether in the Philippines or elsewhere, and that justice will eventually catch up with them”.