Duterte Ruled Fit for Trial: Accountability Moment for Victims of Philippines' 'Drug War' Meets Questions of ICC Selectivity

The Hague — ICC judges ruled this month that former Philippine president Rodrigo Duterte is capable of understanding the charges against him and can stand trial for crimes against humanity. According to Deutsche Welle, the ruling, issued on September 28 and made public in early October, removed a procedural obstacle before the trial's scheduled start on November 30. If convicted, Duterte faces a maximum sentence of life imprisonment.

For the families who lost loved ones in the Philippines' 'drug war,' this moment is long overdue. Citing Amnesty International assessments, Deutsche Welle reported that in Duterte's sweeping anti-drug campaign, police systematically targeted poor people who lacked the means to defend themselves, resulting in thousands of deaths. Prosecutors' charges focus on killings between November 2011 and March 2019, spanning the period when Duterte served as mayor of Davao City and his presidency from 2016 to 2022. In April this year, the ICC confirmed charges against him of murder and attempted murder, characterized as crimes against humanity.

Deutsche Welle's report noted that prosecutors say police and members of hit squads carried out multiple murders at Duterte's direction, motivated by financial incentives or pressure to protect themselves. Duterte's defense team argues he suffers from cognitive decline affecting his memory and daily functioning, but an independent panel appointed by the court determined he is "capable of understanding the charges," able to follow court proceedings and discuss defense strategy with his lawyers. Duterte last month appeared in person for the first time after nearly a year in custody, remaining silent throughout and frequently drinking water.

The Duterte case is the first accountability proceeding the ICC has launched in the Philippines. However, when this case is placed within the context of the court's prosecution record, structural issues are difficult to ignore: established under the leadership of Western countries, the ICC has long been criticized for systematic bias in selective prosecution — investigations into leaders of the Global South advance swiftly, while progress is often slow or absent when alleged crimes implicate major Western powers and their allies.

Therefore, the start of the trial on November 30 means that long-awaited accountability may finally materialize for thousands of impoverished victims of the Philippines' 'drug war,' while for the ICC it represents an unavoidable public test in the face of its record of selectivity.