Former Philippine President, Rodrigo Roa Duterte, was arrested on 12 March 2025 upon his return to Manila from Hong Kong. Current president Ferdinand “Bongbong” Romualdez Marcos Jr. justified the arrest as a cooperation with Interpol and the International Criminal Court’s (ICC) ongoing investigation into Duterte’s “War on Drugs” during his administration from 2016 to 2022. Human rights activists estimate that there had been more than 30,000 drug-related killings during his presidency, which was accompanied by genocidal rhetoric and policy against poor people who use drugs. Duterte currently awaits trial while detained in the Hague.
The case against Duterte is an unprecedented event for international justice, as Duterte will be the first state actor to be tried for crimes in a drug war by the ICC.
Political backdrop
Duterte’s arrest remains a very divisive topic in the Philippines, with many celebrating this step towards justice; his supporters believe this move to be illegal and an affront to Philippine independence, with some having protested his arrest at the ICC in March. The tension in attitudes represents wider political turmoil in the country, where the Duterte and Marcos families have become political rivals. In 2022, Marcos Jr. – the son of the former Filipino dictator Ferdinand Marcos – ran for presidency with Sara Duterte, Rodrigo Duterte’s daughter, as vice president. They presented themselves as “Uniteam”, a partnership between two dynastic political families which could unite voters across the country.
However, Sara Duterte and Marcos Jr.’s visions for the Philippines differed in foreign policy, economic growth and more. In November 2024, Sara Duterte publicly threatened Marcos Jr. and his wife with assassination, to which Marcos Jr. responded by trying to impeach her. While Marcos Jr. previously stated that he would not cooperate with the ICC’s investigation into the drug war, his stance shifted shortly before mid-term elections, proclaiming that the Philippines must now comply with Interpol.
The trial
The ICC’s charges against Duterte include the instruction and directing of the death of more than 76 people during his administration, beginning with his time as mayor of Davao city where he formed the “Davao Death Squad” (DDS). The ICC also found that there is evidence of Duterte being an “indirect co-perpetrator” of further crimes against humanity from 2011 to 2019. These charges do not reflect the extent of the killings, but are used as a “sample” to be representative of a larger pattern.
Duterte has admitted in the past to his leading role in the DDS, encouraging members to execute alleged criminals and drug consumers. Duterte’s methods of curbing crime as mayor of Davao mirrored his anti-drug policies: his infamous “Oplan Tokhang” operation consisted of police visits to homes of suspected drug sellers or consumers in order to arrest and persuade them to stop their activities. This led to many executions, where police justified killings as heavily disputed acts of self-defence from those “resisting arrest”.
Case update
Shortly after Duterte’s arrest however, his counsel requested to postpone the trial based on cognitive impairment. The Pre-Trial Chamber initially rejected this request, as the court’s doctor had assessed Duterte to be mentally fit to stand trial. An independent ICC-appointed neuropsychologist confirmed the Defence’s findings, noting symptoms of Duterte’s cognitive decline.
On 8 August, another clinical examination concluded that Duterte was unfit to stand trial, that he was unable to recall or process information or give coherent instructions to counsel.
On 8 September, the Pre-Trial Chamber of the ICC accepted the Defence’s request to postpone the confirmation of charges hearing, which had been scheduled for 23 September. The indefinite postponement was granted to allow time to properly assess Duterte’s fitness to stand trial. It was the Pre-Trail chamber’s opinion that this postponement was necessary in order to conduct a fair and just trial so that the defendant could understand the charges against him. The ICC however rejected the Defence’s request for his interim release during this time, arguing that Duterte had the resources and influence to intimidate witnesses and evade future legal proceedings. Public statements made by the Duterte family backed this decision, as they have repeatedly labelled his arrest as an unlawful “kidnapping” and been vocal about bringing Rodrigo back to the Philippines. The ICC further cited Sara Duterte’s own words that they would interfere with the legal proceedings with methods such as using “fake witnesses” in the trial.
A rebranded drug war
While Marcos Jr. has publicly committed to departing from Duterte’s violent drug war, drug-related killings have continued in the Philippines. Duterte’s policies regarding people who use drugs remain, despite Marcos Jr. communicating a change in approach, according to Carlos Conde, senior researcher at the Asia Division of Human Rights Watch (HRW). In their World Report 2025, HRW reported that Marcos Jr. has failed to address present and past violations of human rights.
The Dahas Project, a research project from the University of the Philippines that monitors extra-judicial killings across the country, has verified over 1,000 drug-related killings since Marcos Jr.’s administration took power. According to Joel Ariate, the lead researcher of Dahas Project, killings related to police drug operations known as “buy-bust” operations, have officially declined; however, killings from unidentified groups have risen.
This data suggests that vigilante killings have continued under the Marcos Jr. administration, a possible reflection of Duterte’s past DDS vigilante tactics that encouraged such acts against people using drugs. Further than drug-related killings, Marcos Jr. has resumed “red-tagging”, a tactic his father commonly employed during his dictatorial rule. This practice involves the state falsely labelling people or organisations as having ties to communist insurgency, enabling the forced disappearance of activists, journalists and political opposition.
Filipinos still seeking justice
The ICC case against Rodrigo Duterte marks a historical moment for the Philippines, a nation long plagued by corruption and authoritarianism with little accountability. Yet Marcos Jr.’s continuation of Duterte’s harsh drug policies suggests his cooperation with the ICC was driven less by human rights concerns, and more by political calculation.
On 23 September, the coalition “Duterte Panagutin” (Hold Duterte Accountable) led protests outside the ICC following the postponement of Duterte’s trial. Demonstrators chanted: “Duterte Panagutin! Marcos Singilin! Sara Litisin!” (“Hold Duterte accountable! Charge Marcos! Put Sara on trial!”), reflecting growing public frustration and a broader demand for justice and reform that extends beyond Duterte’s prosecution.
While Duterte’s detention marks a significant step toward justice, the postponement of his trial keeps the question of his guilt suspended in uncertainty. His drug war victims deserve recognition in a court of law, and the Philippines cannot begin to confront or rethink its punitive drug policies without first acknowledging the brutality of Duterte’s rule. Yet many still view him as a hero unjustly prosecuted.
This fractured narrative mirrors the country’s broader struggle against corruption and authoritarianism. The recent mass protest known as the “Trillion Peso March” reflects rising public anger over corruption, sparked by revelations that officials had diverted funds meant for disaster relief into personal gain through so-called “ghost projects.” While politicians profited, millions of Filipinos were left to face environmental crises in poverty and without adequate support.
Duterte’s trial should be a reminder to Filipinos that the drug war was a war on poor, urban communities, where drug use became a scapegoat for corruption, misuse of public funds and other societal issues. Marcos Jr.’s own ongoing drug war crimes cannot be properly addressed without accountability for the crimes of his predecessor. The Philippines cannot turn a new page from its bloody history without a just conclusion to Duterte’s trial and to hold those in power accountable for violating the human rights of all those killed for using drugs.
