The International Criminal Court (ICC) has officially taken the next major step in its case against former Philippine President Rodrigo Duterte, as prosecutors have filed a key document outlining the charges he faces over alleged crimes committed during his administration’s brutal anti-drug campaign.
According to human rights lawyer Gilbert Andres, who represents families of victims of alleged extrajudicial killings, the Document Containing Charges (DCC) has already been submitted by the Office of the Prosecutor. The detailed report outlines the scope of charges against Duterte, including murder, torture, arbitrary detention, and acts of gender-based violence — all potentially classified as crimes against humanity.
Before being made public, however, the document will undergo a redaction process to protect the identities of sensitive individuals, Andres explained in a radio interview.
“This is the formal charge. The DCC defines the full legal landscape — what crimes are being alleged, what evidence needs to be presented, who the witnesses are. It’s essentially the blueprint for the trial,” Andres said.
The ICC’s case against Duterte now moves toward a confirmation of charges hearing scheduled for September 23. The DCC will serve as the roadmap for both prosecution and defense, outlining the narrative, evidence, and key individuals involved in the case.
Unlike Philippine criminal proceedings, the ICC process first requires an arrest warrant before a formal charge is lodged. This mechanism ensures the court’s jurisdiction over individuals who may be beyond national borders. Duterte, currently in custody at The Hague, was apprehended following an ICC arrest warrant issued earlier this year.
The prosecution has also disclosed a trove of over a thousand pieces of new evidence. These are categorized into ten thematic areas — including the controversial Davao Death Squad operations between 2011 and 2013 and the national “Oplan Tokhang” campaign under Duterte’s presidency.
According to Andres, the evidence is expected to establish Duterte’s role as an “indirect co-perpetrator” or the equivalent of a mastermind under international law.
“These materials will show a state-sponsored, systematic attack against civilians — a hallmark of crimes against humanity,” he noted.
Meanwhile, attempts by Duterte’s legal team to shake up the proceedings have hit a wall. The ICC’s Plenary of Judges unanimously dismissed a motion to disqualify Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera, citing no grounds for alleged bias.
Atty. Kristina Conti, who serves as assistant to counsel for the victims, said the charges document would likely offer a more detailed and comprehensive account of Duterte’s involvement than what was previously outlined in the arrest warrant. She also flagged cyberattacks on the ICC’s website as suspicious and alarming.
Duterte’s lawyers are reportedly preparing to use a recent Philippine Senate committee report — which they claim exposes irregularities in the former president’s arrest — as a basis for requesting his interim release. The prosecution, however, remains firm in its opposition to any such release, citing the gravity of the charges.
As the September hearing looms, the international spotlight will intensify on The Hague — and on the Philippines — as the world watches to see how justice will unfold in one of the most high-profile cases ever brought before the ICC involving a former head of state.
