FACT CHECK: ICC prosecution has evidence related to Duterte drug war case

Claim: The International Criminal Court (ICC) has no evidence of the alleged crimes committed under former president Rodrigo Duterte’s war on drugs.

Rating: FALSE

Why we fact-checked this: The claim was made in a Facebook reel posted by Mike Operario on January 19, which has garnered over 261,000 views, 15,500 reactions, 630 comments, and 2,000 shares as of writing.

The reel is captioned, “Wala pala talagang ebidensya laban kay Pres Digong kaya naghahanap pa ang prosecutor at ICC ng mga testigo at ebidensya. BRING PRRD HOME.“

(There is no evidence against [former president] Digong, so the prosecutor and ICC are still looking for witnesses and evidence. Bring [President Rodrigo Roa Duterte] home.)

In the reel, Operario said, “Ngayon pa lang sila naghahanap ng ebidensya. Wala talagang malinaw na factual and legal basis ang pagsasampa ng demanda laban kay Rodrigo Duterte dito sa ICC for crimes against humanity. Otherwise, eh bakit ka pa nanghihingi ng ebidensiya sa kasalukuyan?”

(They are only now looking for evidence. There really is no clear factual or legal basis for filing a case against Rodrigo Duterte at the ICC for crimes against humanity. Otherwise, why are you still asking for evidence?)

The reel was posted after the ICC’s Office of the Prosecutor renewed its call for additional witnesses and promoted a microsite launched in 2024 for witness appeals. The office urged members of the Philippine National Police and other first-hand observers to provide testimonies on the drug war.

The facts: Multiple items of evidence related to drug war killings exist, and there are also witnesses who will testify in the crimes against humanity case against Duterte, contrary to the claim.

In a filing dated December 24, 2025, the ICC Office of the Prosecutor said it had disclosed a total of 1,303 pieces of evidence between July and December 2025 to Duterte’s defense team.

The bulk of the evidence, 906, is classified as incriminating, which includes murders during barangay clearance operations and the killings of high-value targets under Duterte’s term as president.

In March 2025, the ICC prosecution said it had submitted 181 pieces of evidence that served as the basis for the issuance of the arrest warrant against Duterte. In the warrant dated March 7, the ICC’s Pre-Trial Chamber I determined that there were “reasonable grounds to believe” that the former president was “individually responsible as an indirect co-perpetrator for the crime against humanity of murder.” (READ: Duterte is now finding out who the witnesses are against him in the ICC)

Whistleblower testimony: In September 2025, then justice secretary and now Ombudsman Jesus Crispin Remulla said retired police colonel Royina Garma agreed to testify in the ICC case against Duterte. She is expected to be a key witness due to her knowledge of the so-called “Davao Model,” a system of incentives for drug-related killings, and how Duterte allegedly played a direct role in this system. (WATCH: Royina Garma as ICC witness vs Rodrigo Duterte?)

Remulla has earlier said that three to four witnesses are expected to testify against Duterte.

Gathering more evidence: The ICC’s call for additional witnesses does not necessarily mean that the prosecution has insufficient evidence against Duterte, according to lawyer Kristina Conti, an ICC-accredited assistant to counsel.

Conti said the call for witnesses is part of the prosecution’s thorough investigative process to strengthen the case against the former president.

“So why issue witness appeals again? Why not, when the investigation is still ongoing? The ICC has not yet closed the investigation phase, during which it determines who is ‘most responsible’ for crimes against humanity. Until this phase is closed and a final report is issued, the ICC prosecutor will continue gathering evidence,” she said, as quoted in a Philippine Star report.

Duterte remains detained under ICC custody after his request for an interim release was rejected in November 2025. – Princess Leah Sagaad/Rappler.com

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