Former Philippine Leader Rodrigo Duterte Makes First In-Person Appearance at ICC Over Drug War Killings

Former Philippine President Rodrigo Duterte made his first in-person appearance before the International Criminal Court in The Hague on Wednesday, attending a preparatory hearing as he faces formal trial on charges of crimes against humanity linked to his administration's deadly anti-narcotics campaign.

The 81-year-old former head of state remained completely silent throughout the proceedings in the Dutch city. The courtroom session focused primarily on foundational matters ahead of the main trial, reviewing his medical status, managing the disclosure of key evidence, and establishing the procedural calendar for the upcoming judicial phase.

Duterte's formal trial is scheduled to get under way on November 30. His physical appearance inside the courtroom follows an extended period in detention after he was arrested and transferred to the custody of the international tribunal in March 2025.

Prosecutors at the international tribunal allege that Duterte was the architect of systematic violence, accusing him of creating, funding, and arming organized death squads. These armed units were allegedly deployed to target, hunt down, and assassinate suspected drug users and small-scale dealers across the Southeast Asian nation.

The formal charges brought against Duterte specifically encompass his alleged responsibility in at least 76 documented murders carried out between 2013 and 2018. This timeframe covers his earlier leadership as the mayor of the southern city of Davao as well as his subsequent elevation to the Philippine presidency, a national office he held from 2016 until 2022.

Duterte has continuously rejected the accusations levelled against him by the international court. The former president has maintained that state security forces and law enforcement personnel were directed to use lethal force exclusively in situations requiring lawful self-defence during volatile anti-drug sweeps.

The hearing on Wednesday followed persistent attempts by Duterte’s defence team to excuse him from direct participation due to medical infirmity. Prior sessions had been missed on health grounds, with his attorneys asserting that the former leader suffers from severe cognitive decline that renders him completely unfit to take part in legal proceedings.

In an official filing submitted to the court on Tuesday, defence lawyers detailed serious memory impairments, arguing that Duterte is incapable of processing and retaining new information or accurately recalling past occurrences. They claimed these cognitive limitations directly undermine his ability to instruct counsel or follow proceedings.

The defence cited evaluations conducted by a panel of three medical specialists from an unpublished medical assessment. According to the filing, Duterte displayed significant temporal disorientation, believing that the current year is 2007 or 2008 and estimating his own age to be 84 or 85. Furthermore, the evaluation noted that the former president was unable to state the name of the sitting president of the United States.

Despite the defence’s assertions regarding his mental and physical deterioration, judges delivered a ruling in January confirming that Duterte is legally and medically fit to stand trial. The panel of judges explicitly requested his physical presence in the courtroom to ensure the scheduled preparatory matters could proceed.

Following the conclusion of Wednesday's preparatory session, prosecution counsel Julian Nicholls addressed the gravity of the accusations. Nicholls emphasized that the former leader had spent decades directing lethal measures against his own citizenry, including young victims, while framing the violence as an act of national service that Duterte himself has openly acknowledged.

The prosecution noted that Duterte had publicly vowed to kill thousands during his political career and subsequently carried out that pledge through state mechanisms. The human cost of the nationwide crackdown remains a central issue in the case, with vast discrepancies between official government records and independent counts.

Data released by Philippine law enforcement agencies puts the death toll from anti-drug police operations at roughly 6,200 suspects. Conversely, human rights monitors and ICC prosecutors calculate a vastly higher casualty figure, estimating that the total number of fatalities could reach as high as 30,000 people.

For victims' families, Duterte's courtroom presence represents an unprecedented moment of accountability. Randy Delos Santos, whose teenage nephew was slain by police during the presidential anti-narcotics campaign, expressed relief that the former leader was brought before the court in person. Delos Santos remarked that observing Duterte in an apparently capable physical state reinforced hopes that the tribunal's process would finally deliver long-sought justice.

Legal advocates representing other affected families also highlighted the broader significance of a transparent trial, noting that public judicial scrutiny in The Hague could inspire more victims' relatives to come forward with testimony.

Duterte’s appearance marks a historic milestone for international law, as he is the first former Asian head of state to undergo trial before the International Criminal Court.

The proceedings continue despite earlier diplomatic efforts by Duterte to shield himself from international jurisdiction. In 2018, while still serving as president, he announced the unilateral withdrawal of the Philippines from the ICC after prosecutors opened a preliminary inquiry into his anti-drug operations. However, the court’s judges firmly rejected defence motions to dismiss the charges, ruling last year that the tribunal retains jurisdiction over crimes allegedly committed while the nation was still a state party.