The International Criminal Court (ICC) on Wednesday scheduled the trial of former Philippines President Rodrigo Duterte to begin on November 30, marking the first time an Asian former head of state will face the court for alleged crimes against humanity.
Presiding Judge Joanna Korner announced the date following a request from the prosecution, which plans to present testimony from roughly 60 to 70 witnesses regarding the lethal “war on drugs” conducted during Duterte’s administration.
The upcoming trial will focus on three counts of crimes against humanity, specifically murder, torture, and rape, allegedly committed between November 2011 and March 2019. These charges cover his tenure as the Mayor of Davao and his subsequent six-year presidency, during which human rights organizations estimate tens of thousands of people were killed in a systematic crackdown on alleged drug offenders. This trial addresses the “Davao model” of policing, a strategy Duterte allegedly developed as mayor to “neutralize” criminals through extrajudicial force before expanding it to a national level upon winning the presidency in 2016. Prosecution officials have argued that Duterte does not deny the killings but instead attempts to justify them as a service to his country.
The legal basis for the trial rests on Article 7(1) of the Rome Statute, which prohibits widespread and systematic attacks directed at civilian populations. Although Duterte ordered the Philippines to withdraw from the ICC in 2019, the court maintained jurisdiction under Article 127 of the Statute, holding that a state is still accountable for crimes committed while it was a member. Pre-Trial Chamber I previously determined there were substantial grounds to believe Duterte acted as an “indirect co-perpetrator,” using hierarchical structures like the Davao Death Squad (DDS) and the national police to carry out the killings.
The 81-year-old former leader has been held in detention at The Hague since his arrest and extradition from Manila in March 2025. His path to the ICC followed a high-profile political falling out between his family and his successor, President Ferdinand Marcos Jr. While the Marcos administration initially refused to cooperate with the court, the collapse of their political alliance led to Duterte’s apprehension at Manila airport. The scheduling of the trial has drawn polarized reactions. Duterte’s son, Sebastian Duterte, has condemned the proceedings as a “selective prosecution” masquerading as justice. In contrast, families of the drug war victims, who have staged multiple protests at The Hague, view the trial as a necessary mechanism for accountability.
Leading up to the November 30 start, the court has mandated a new medical assessment to determine if Duterte is physically and mentally fit to participate in the proceedings, following defense claims that his health is deteriorating. The court previously found Duterte fit to stand trial in January.
Additionally, the ICC is still pursuing an arrest warrant for Duterte’s former police chief, Senator Ronald “Bato” dela Rosa, who remains in hiding after the May 13 shootout in the state’s senate. The Supreme Court of Philippines has recently refused to block domestic authorities from enforcing the warrant.
