THE HAGUE, Netherlands — The confirmation of charges hearing against former Philippine President Rodrigo Duterte is set to resume on Thursday, February 26, before the International Criminal Court (ICC), marking a critical phase as the defense prepares to answer allegations linked to the controversial war on drugs.
The proceedings, held at the ICC’s headquarters in The Hague, form part of the pre-trial process to determine whether there is sufficient evidence to move the case to a full trial.
Judges will assess whether “substantial grounds” exist to believe that the accused is criminally responsible for crimes against humanity in connection with thousands of drug-related killings reported during Duterte’s presidency.
PROSECUTION CITES “KILL LIST” A ND INSIDER WITNESSES
According to ICC-accredited assistant to counsel Atty. Kristina Conti, who is assisting the Common Legal Representative of Victims (CLRV), prosecutors have presented what she described as a strong evidentiary foundation tying Duterte to the killings.
Conti pointed to a public disclosure made in August 2016, when Duterte allegedly named more than 130 individuals in what has been referred to as the “PRRD list.”
She said the prosecution argued that the list went beyond political rhetoric and functioned as an operational mechanism that led to actual deaths.
“The fact that these individuals later ended up dead supports the prosecution’s claim that this was effectively a ‘dead list,’” Conti said, adding that evidence presented in court outlined an alleged system by which names were transmitted to direct perpetrators.
She further cited claims that those involved in the killings were “PPP: paid, promoted, and pardoned,” suggesting a structure of incentives and assurances of impunity.
Beyond public pronouncements, Conti said the case includes testimonial accounts not only from eyewitnesses but also from alleged insider witnesses who claim they were directly instructed to carry out operations and could identify those who gave the orders.
CONFIRMATION STAGE NOT YET A TRIAL
The confirmation of charges hearing is not yet a trial but a procedural safeguard meant to protect the rights of the accused, ensuring that cases without sufficient basis do not proceed.
Judges at this stage determine whether the prosecution’s evidence meets the required threshold to move forward.
Conti expressed confidence that the charges would be confirmed, saying the prosecution team is already preparing for the possibility of trial.
“This process ensures that the charges are not frivolous. It is an opportunity for the suspect to challenge the evidence. We will see how the defense responds,” she said.
DEFENSE EXPECTED TO RAISE JURISDICTION ARGUMENTS
Human rights lawyer and former Bayan Muna representative Neri Colmenares described the prosecution’s presentation as “methodical” and “very strong,” but said the defense may shift focus toward jurisdictional issues rather than directly addressing the evidence.
The Philippines formally withdrew from the ICC in 2019 under Duterte’s administration.
However, the ICC has maintained that it retains jurisdiction over alleged crimes committed while the country was still a State Party to the Rome Statute.
Colmenares noted that some Duterte allies have publicly suggested that the defense emphasize the jurisdiction argument.
He said repeated reliance on that issue, instead of rebutting the prosecution’s evidence point by point, may indicate a strategic pivot.
“If the charges are confirmed, the case proceeds to trial. That is why this stage is critical,” he said, stressing that families of victims have been waiting for years for judicial proceedings to move forward.
FAMILIES AWAITS NEXT STEP
As the defense prepares its submissions, families of those killed in anti-drug operations and human rights advocates are closely monitoring developments.
For many, confirmation of the charges would signal a decisive step toward a full trial and potential accountability at the international level.
The ICC judges are expected to deliberate after hearing both sides before issuing a ruling on whether the case against Duterte will proceed to trial.