Duterte’s ICC pre-trial: What prosecution, victims, defense say about the drug war

MANILA, Philippines – The confirmation of charges hearings at the International Criminal Court (ICC) kicked off Monday, February 23, setting the stage for four days of high-stakes arguments over former President Rodrigo Duterte’s deadly drug war.

The team of prosecutors, victims’ representatives, and the defense are laying out their cases aiming to prove — or challenge — whether Duterte’s actions warrant trial. After this pre-trial hearing, the ICC judges may decide whether there is enough evidence to move forward to a full trial, a process that could define Duterte’s legacy and signal accountability.

The past few days have been tense, with prosecutors presenting the systematic anti-illegal drug campaign that led to the thousands of deaths under Duterte, while victims’ representatives described the human toll in stark terms.

The defense team, so far, has painted a portrait of a president who was tough, outspoken, and misunderstood, but whose actions, they argued, were within the law.

Rappler has highlighted some of the most striking statements from the sessions. This will be updated as the confirmation of charges progresses and ends on Friday, February 27.

DAY 1 – FEBRUARY 23, 2026

Read the highlights from Day 1 here.

DEPUTY ICC prosecutor Mame Mandiaye Niang delivers his team’s opening statement. Screenshot from ICC

“Mr. Duterte’s criminal plan and his intent were no secret. He not only shared them with his co-perpetrators and members of the [Davao Death Squad], but also made them abundantly clear to the general public in the numerous public statements that he made time and again.

“His intent and knowledge are shown by the multiple statements that he made throughout his mayoral and presidential tenure promising to reduce crimes by killing alleged criminals, promoting the common plan, and urging the police and even members of the public to kill alleged criminals.”

Deputy ICC prosecutor Mame Mandiaye Niang on how Duterte’s publich speeches demonstrate his intent and knowledge in promoting drug war killings

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VICTIMS REP. Filipino lawyer Joel Butuyan delivers opening statement on behalf of the victims of Duterte’s drug war during the first day of confirmation of charges hearing. Screenshot from ICC

“The arrest and detention of Mr. Duterte has not stopped impunity in the Philippines. The virus of impunity that he spread all over the country has become a cancer that has metastasized, infecting millions of Filipinos. Mr. Duterte has created clones of himself. He converted millions of peace-loving citizens into bloodthirsty disciples who have become converts to the belief that violence and killings are valid solutions to societal problems.

“The killings masterminded by Mr. Duterte continue to have consequences for the victims, even to this day, because of his clones. These mini-Dutertes harass, threaten, or commit outright violence against the victims and their families.”

Lawyer Joel Butuyan, ICC-appointed common legal representative for victims, on the culture of impunity in the Philippines and the continuing threats faced by families of drug war victims

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“If the charges are not confirmed in this case, one of the gravest concerns of the victims is that Mr. Duterte will return to the Philippines as a conquering hero. He will resume preaching his gospel of impunity. In fact, if Mr. Duterte could threaten to slap the judges of this court — which he did while he was president — this chamber should imagine the kind of terror-filled threats and the violent actions that can easily be used against the victims if the suspect walks free from this court.”

Lawyer Joel Butuyan, ICC-appointed common legal representative for victims, on the potential risks if Duterte is not tried in court and punished

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LEAD defense counsel Nicholas Kaufman delivers the defense team’s opening statement. Screenshot from ICC

“Rodrigo Duterte was, and will always remain, a unique phenomenon. His style of statesmanship was novel and unpalatable to many. His expletives and hyperbole grated, while his honesty and wild popularity irritated. He spoke openly from the heart, sincerely and truthfully. And what a contrast between him and his successor in Malacañang. For [Duterte], his word was his word, and the people knew it. For President Bongbong, his was for the wind and the people will not forget it.”

Lead defense counsel Nicholas Kaufman on Duterte’s style of leadership and his contrast with President Ferdinand Marcos Jr.

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“[Duterte]’s rhetoric was calculated to arouse fear and obedience, to instill fear in their hearts, and to inculcate a respect for the law in their minds. Nothing more, nothing less. That was his intent, and it was not criminal.”

Lead defense counsel Nicholas Kaufman on Duterte’s use of rhetoric to enforce law and order

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SENIOR trial lawyer Julian Nicholls of the ICC prosecution team during the first day of the pre-trial hearing on Monday, February 23. Screenshot from ICC

“The reality is that Mr. Duterte’s message was clear, and it was understood by the perpetrators, and it was followed. That message was: commit murder at my direction, and I will protect you, I will pay you, I will promote you. That’s what happened.

“And I’ll say this as well, your Honors, for purposes of this confirmation hearing, disregard every speech ever made by Mr. Duterte. Throw them all out. There is still ample evidence of substantial grounds based on the other evidence which we have put on our list of evidence. And the evidence as a whole, when you weigh it together, will show that what [Nicholas Kaufman] said is not correct, that Mr. Duterte intended for his subordinates to follow the law and that he was interested and that his speeches were simply bluster.”

Senior trial lawyer Julian Nicholls of the ICC prosecution team, on why evidence beyond his public speeches demonstrates intent to commit killings

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DAY 2 – FEBRUARY 24, 2026

Read the highlights from Day 2 here.

PROSECUTION trial lawyer Edward Jeremy presents witness evidence on Day 2 of Rodrigo Duterte’s pre-trial proceedings. Screenshot from the ICC.

“Mr. Duterte goes on to comment on extrajudicial killings. And as he does so, your Honors will note the nonchalant, casual manner in which he draws his finger across his throat…. And in this opulent, gilded presentation room, the officials laugh along with their president while he boasts about his skills in extrajudicial killing. Outside, on the streets of the Philippines, the bodies pile up.”

Lawyer Edward Jeremy of the ICC prosecution team, on the behavior of Duterte during public speeches that were shown in the confirmation of charges hearing

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“And in the face of this public outcry, Mr. Duterte was forced to temporarily withdraw police from drug operations…. And this led to a reduction in the frequency of killings. In announcing this temporary withdrawal, Mr. Duterte sarcastically stated that he hoped that this would satisfy ‘bleeding hearts and the media.’ And, in this way, he publicly communicated that this was not a genuine effort to prevent crime, but rather a temporary attempt to placate public criticism. And less than two months later, Mr. Duterte decided to once again scale up operations.”

Lawyer Edward Jeremy of the ICC prosecution team, on Duterte’s response following the killing of 17-year-old Kian delos Santos

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ROBYNNE Croft of the ICC prosecution team discusses the charges against Duterte. Screenshot from ICC

“From everything you have heard over the past two days, there can be no doubt about Mr. Duterte’s knowledge and intent. He intended that the crimes would be committed and he was aware that they would be committed as a result of implementing the common plan…. Mr. Duterte knew because he himself established the DDS to kill people. He repeatedly broadcast his intention to implement the common plan nationally if elected president. He made it clear that this would involve killing.

“Once he was president, he moved his trusted co-perpetrators from Davao into key national positions. And as the number of killings rose, Mr. Duterte persisted with the common plan. He praised the 32 killings in a one-time big-time operation in Bulacan. He publicly named so-called high-value targets. He promised to protect police and as your Honours have heard Mr. Duterte has admitted to many of these things.”

Lawyer Robynne Croft of the ICC prosecution team, on the deliberate orchestration of drug war killings and the role of the Davao Death Squad and national officials in executing the common plan

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PAOLINA Massida, OPCV principal counsel, speaks on behalf of the victims. Screenshot from ICC

“We speak for families who cannot be here, mothers who buried their sons, children who lost their parents, the spouses who now raise families alone, and communities that have lived for years under fear and silence and that continue to bear the consequences of violence that swept through their neighborhoods like a storm. These victims appear today before you not as mere statistics or distant figures or images in reports…but as human beings whose rights under the Rome Statute have been violated in the most profound ways.”

Paolina Massida, principal counsel of the Office of Public Counsel for Victims (OPCV), on what the families of drug war victims had to go  — and are going — through

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“The shooting could happen immediately, behind closed doors or in the street, or the victims would be taken away by the gunmen, only for shots to be heard minutes later and the body to be discovered by local residents. At times, bodies were dumped elsewhere, sometimes with hands tied or heads wrapped in plastic. Relatives typically found them after being alerted by policemen or by the neighbors.”

Paolina Massida, OPCV principal counsel, on the pattern of killings during Duterte’s drug war

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“In other cases, victims tried to seek justice. They went to the police, to local officials, to government agencies. They filed reports, they asked for investigation, they begged for answers. Their pleas were ignored, their complaints were dismissed, their testimonies were doubted. In some cases, the very people they approached for help were the same ones involved in the violence. They were left with no path forward. No institution was willing to hear them, no authority was willing to protect them, no system was willing to acknowledge what was happening.”

Paolina Massida, OPCV principal counsel, on the systemic failure in the Philippines to provide justice or protection for drug war victims

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“The victims have waited years for this moment. They have been silenced, stigmatized, and denied justice in their own country. Today, they stand before you with the hope that justice long denied may finally be within reach. This [ICC] is their last refuge. And today, on their behalf, we ask this chamber to affirm that their suffering matters, that their rights matter, and that the rule of law extends even to the most powerful by confirming all the charges against Mr. Duterte and committing him to trial.”

Paolina Massida, OPCV principal counsel, on the appeal of victims for accountability 

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FILIPINO lawyer Gilbert Andres, ICC-appointed common legal representative for victims, discusses the plight of the victims. Screenshot from ICC

“Mr. Duterte’s drug war campaign targeted the very humanity of the victims, of their families, and of their communities. In Filipino, the indirect victims expressed this in one sentence: ‘Inalisan kami ng dangal.’ We were stripped of our dignity.”

Lawyer Gilbert Andres, ICC-appointed common legal representative for victims, on their dehumanization and targeting during Duterte’s drug war

– Rappler.com