Introduction
The following article will examine the International Criminal Court’s (ICC) involvement in addressing the alleged crimes committed during Rodrigo Duterte’s “war on drugs” campaign during his time as mayor of Davao City and then President of the Philippines. Although the campaign was publicly framed as a response to illegal drug use and trafficking affecting the country, it has enabled various extrajudicial killings, police-led operations, and large-scale violence against suspected drug offenders.
This article will showcase how the actions allegedly committed by the Duterte administration prompted the ICC to take meaningful steps towards achieving international justice and accountability. The analysis is organised into four main sections: a summary of events and act that took place during Duterte’s campaign, the ICC’s jurisdiction and legal basis, the procedural developments of the case, and the key limitations to achieving justice and accountability.
Duterte’s “War on Drugs” Campaign
On June 30th, 2016, Rodrigo Duterte took office, becoming President of the Philippines. Duterte immediately initiated a brutal campaign against drugs based on the claims that the country was in a “drug emergency” and was headings towards the status of a “narco state”. The “war on drugs” campaign was framed publicly as a security issue aimed at eliminating illegal drug use and trafficking in the Philippines (Human Rights Watch [HRW], 2017).
On July 1st, 2016, the first full day of Duterte’s presidency, the operation began across the whole country, leading to the killing of 12 people on the first day and setting the precedent for the bloody campaign that would continue for the next six years. By December 2016, the campaign led to more than 5,000 deaths across the country, with victims’ bodies being found dumped in polluted areas, garbage sites, or in grasslands (Al Jazeera, 2025). Duterte frequently encouraged aggressive police action, often bragging about murders carried out by the police and promising officers that drug dealers and addicts’ killings would be pardoned. The atrocity is exemplified by a famous quote from his first day in office- “If you know of any addicts, go ahead and kill them yourself as getting their parents to do it would be too painful” (The Guardian, 2016).
Duterte’s drug war campaign lasted until the end of his term in 2022, when his ally Ferdinand Marcos Jr. assumed presidency. The total death toll estimated by human rights advocates and the ICC prosecutor counts 30,000 people, although only 7,000 deaths were recorded during police operations (Al Jazeera, 2025). The crimes committed were not limited to deaths during police operations. The campaign saw a pattern of extrajudicial killings, arbitrary arrests and incidents of abuse against people suspected of involvement with drugs. Police carried out “buy-bust” operations in which suspects were killed after being accused of resisting arrests. Alongside police operations, numerous killings were attributed to unidentified armed assailants often described as vigilantes. These incidents occurred in poor urban areas and targeted small-scale dealers instead of major traffickers (Amnesty International, 2017).
The “war on drugs” is not the first instance were Duterte faced similar allegations. As mayor of Davao City between 1988 and 2016, he actively promoted the killing of drug suspects, leading to an increase in killings in the town, with an estimated 1424 number of killings that took place between 1988 and 2015 (HRW, 2017). Suspected drug dealers and petty criminals, including children, were allegedly killed by a group known as the Davao Death Squad. At the time, although no evidence directly linked Duterte to the Squad, he had publicly referred to himself as part of it, stating: “Am I the death squad? True. That is true” (HRW, 2017).
Duterte’s “war on drugs” represents a dark time for human rights in the history of the Philippines. The allegations against Duterte show a repeated pattern of suspected drug criminals being targeted, killed, and left without effective accountability.
ICC Jurisdiction and Legal Basis
In February 2018, the Office of the Prosecutor of the ICC started a preliminary examination into the high number of killings that were taking place during Duterte’s war on drugs campaign. ICC Prosecutor Fatou Bensouda stated that a preliminary examination of the situation in the Philippines was being pursued after reviewing communications and reports documenting alleged crimes. The preliminary hearing was announced to analyse crimes committed in the Philippines since at least 1 July 2016, in the context of the “war on drugs” campaign (ICC, 2018).
Following the initiation of the preliminary examination, Duterte announced in March 2018 that the Philippines would withdraw from the ICC and the Rome Statute, filling a written notification on March 17th. Although, the withdrawal was filled in 2018, it only becomes effective one year after the deposit of notice of withdrawal to the United Nations Secretary General. The state of Philippines has therefore not been a member of the Rome Statute since March 17th, 2019 (ICC, 2018).
Although Philippines is not a state Party of the Court today, the ICC can still prosecute crimes committed during Duterte’s drug war. Because the state first became a party on November 1st, 2011, the ICC is allowed to maintain its jurisdiction in the state from November 1st, 2011, up until and including March 16th, 2019 (ICC, n.d.).
The Procedural Road to Accountability
In June of 2021, following the preliminary examination beginning in 2018, Prosecutor Fatou Bensouda determined “that there is a reasonable basis to believe that the crime against humanity of murder was committed” in the Philippines between July 1st, 2016, and March 19th, 2019, and applies for the authorization of an investigation (Al Jazeera, 2021). In September 2021, the Pre-Trial Chamber authorises the opening of an official investigation into the crimes allegedly committed during Duterte’s war on drugs (Crisis Group, 2021). However, shortly after, in November 2021, the Court temporarily suspended the investigation based on a deferral request filed by the government of the Philippines. In the deferral letter, Ambassador Eduardo Malaya argued that the ICC should suspend its investigation based on the principle of complementarity, stating that Philippine national courts would ensure success in the investigation and prosecution of cases filed against the Philippine National Police and other parties involved (Al Jazeera, 2021).
Only in January 2023, the Pre-Trial Chamber I of the International Criminal Court would grant the request to resume the investigations first initiated in 2021. The decision was made after a careful analysis of the materials provided by the Philippines that did not satisfy the relevant steps needed to warrant a deferral based on the complementarity principle. The Court found that the initiatives were not sufficient or genuine enough to properly address the situation (ICC, 2023).
On February 10th, 2025, the Office of the Prosecutor of the ICC applied for an arrest warrant against Rodrigo Duterte for the crimes against humanity of murder, torture, and rape. The Pre-Trial Chamber I found reasonable grounds to believe that Duterte is individually responsible as an indirect co-perpetrator for the crime against humanity of murder. The ICC found reasonable grounds to believe that the killings under Duterte’s presidency and mayorship formed part of a widespread and systematic attack against civilians. The Chamber also found reasonable grounds to believe that Duterte supported the killing of suspected criminals and drug offenders in Davao and across the Philippines (ICC, 2025). On March 7th, 2025, the ICC issued the arrest warrant for Duterte in secret, which was later made public on March 11th, 2025 (ICC, n.d.). On March 12th, 2025, Duterte was surrendered to the custody of the ICC, arrested by the Philippine authorities (ICC, 2025).
On April 23rd, 2026, The Pre-Trial Chamber I unanimously confirmed all the charges of three counts of crimes against humanity against Duterte. The Chamber concluded that there are substantial grounds to believe that Duterte is responsible for the crimes against humanity of murder and attempted murder, pursuant to article 7(1)(a) of the Rome Statute (ICC, 2026). The decision was based on evidence presented during the confirmation of charges hearing that took place from 23rd to 27th of February 2026, and other documents submitted by relevant parties and participating victims. The case has now been transferred to a Trial Chamber which will decide the next steps (ICC, 2026).
Limitation to Achieving Justice
Although the International Criminal Court has made significant steps towards achieving international criminal justice for the cruel acts committed during Duterte’s war on drugs, full accountability has not yet been achieved.
One major concern is the issue with the ICC jurisdiction. Under Articles 11 and 12 of the Rome Statute, the Court has temporal jurisdiction and can only prosecute crimes during the period when that country was a State Party to the Rome Statute (Rome Statute, 2002). Therefore, any international prosecutions would only cover any crimes taking place between November 1st, 2011, and March 16th, 2019, creating a significant accountability gap. Achieving justice for the crimes committed outside of this period would have to be solely reliant on domestic prosecutions.
Another issue is the lack of prosecution of individuals involved in the activities during the “war on drugs” campaign. There have been limited domestic criminal efforts to investigate and prosecute individuals responsible for extrajudicial killings and other crimes. As of February 2026, only nine police officers have been convicted in five cases across the country (HRW, 2026).
Lastly, a significant limitation is the delayed and restrictive nature of victim reparations at the ICC. At the Court, reparations can only be ordered at the end of the trial if there is a conviction and only for specific crimes for which Duterte is found guilty. This could potentially lead to a large number of victims not qualifying for reparations if their harm is not directly linked to the convictions (ICC, 2026). Additionally, reparations are decided only after the end of judicial proceedings, which can take months, sometimes even years. This leaves victims waiting for a long period of time for reparations that may not be guaranteed (ICC, 2026).
Conclusion
The ICC proceedings against Rodrigo Duterte’s “war on drugs” campaign represent an important first step toward addressing alleged crimes against humanity and sets a precedent in ensuring that even powerful state actors are held legally accountable. Although the investigation and confirmation of charges mark significant progress, the case is still in its early stages, and a full trial is yet to take place. Additionally, limitations such as jurisdictional constraints following the Philippines’ withdrawal from the Rome Statute, limited domestic prosecutions, and lengthy judicial processes continue to restrict the full delivery of justice. As the trial proceedings approach, the Court should focus on ensuring fair and transparent proceedings in line with international legal standards, while also giving victims an opportunity to have their experiences recognised and properly compensated within the judicial process.
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