ICC opens hearings into ex-Philippine President Rodrigo Duterte

The International Criminal Court (ICC) has begun pretrial hearings for former Philippine President Rodrigo Duterte, who is facing three counts of crimes against humanity for deadly anti-drugs crackdowns he oversaw while in office.

Duterte, 80, was not in The Hague courtroom on Monday, having waived his right to appear as prosecutors began presenting evidence to support their charges of his alleged involvement in dozens of killings as part of his so-called war on drugs.

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The four-day confirmation-of-charges hearing will determine whether there is enough evidence against Duterte to proceed to a formal trial.

After the hearing, the judges will have 60 days to issue a written decision.

The case marks a reversal of fortune for Duterte, who has repeatedly cursed the ICC, and offers families of victims and survivors of his six-year war on drugs a chance at justice.

The United States-based watchdog Human Rights Watch said the hearing on Monday was “a critical step in ensuring justice for victims of the Philippines’ ‘war on drugs'” while families of victims called it a “moment of truth”.

Hopes for justice

Llore Pasco, the mother of two men killed by unknown attackers in 2017, told Al Jazeera it was urgent that all those involved in the so-called war on drugs, including the former president, “are held accountable”.

“I feel a little bit nervous, but this is the moment of truth. We are all hoping that the ICC and the judges will hear the cry of the victims.”

Luzviminda Siapo, whose 19-year-old son was killed in 2017, said she was encouraged that there is progress in the case against Duterte, whom she described as the “brains” behind the killings.

“I hope other perpetrators will also be brought to justice,” she told Al Jazeera.

ICC prosecutors have charged Duterte with crimes against humanity, alleging his involvement in at least 76 murders from 2013 to 2018.

The true number of killings during his campaign in the Philippines is thought to be as high as 30,000, and lawyers for the victims have argued that a full trial could encourage many more families to come forward.

The first of the three counts against Duterte concerns his alleged involvement as a coperpetrator in 19 murders carried out from 2013 to 2016 while he was mayor of Davao City.

The second relates to 14 murders of so-called “high-value targets” in 2016 and 2017 when he was president.

The third charge covers 43 murders committed during “clearance” operations of lower-level accused drug users or pushers across the Philippines from 2016 to 2018.

Duterte denies the charges, his lawyer Nicholas Kaufman told journalists in advance of the hearing.

Duterte remains defiant

Duterte, who was president from 2016 to 2022, was arrested in Manila in March, flown to the Netherlands and has since been held at the ICC’s detention unit at Scheveningen Prison.

He followed his initial hearing three days later via videolink, appearing dazed and frail and barely speaking.

In a letter sent to the court on Tuesday, Duterte remained defiant, saying he does “not recognise” the jurisdiction of the court and he is “proud” of his legacy.

Duterte also accused the court of carrying out his “kidnapping” in cooperation with incumbent President Ferdinand Marcos Jr, a former ally and the 2022 running mate of his daughter, Vice President Sara Duterte.

The Philippines left the ICC in 2019 on Duterte’s instructions, but the court has ruled that it still has jurisdiction over offences committed there from 2011 to 2019.

The defence has appealed the ruling, and a decision on its filing is still pending.

Duterte, the first Asian former head of state to appear before the ICC, remains hugely popular in the Philippines, where many favoured his tough approach to crime.

Two demonstrations have been registered for Monday in The Hague – one in support of Duterte and another in support of the victims of the “war on drugs”.