The International Criminal Court in The Hague has set 30 November as the start date for the trial of former Philippine President Rodrigo Duterte, who faces three counts of crimes against humanity. Presiding Judge Joanna Korner announced the decision on Wednesday, granting the prosecution's request to begin proceedings later this year.
Duterte, 81, is accused of orchestrating thousands of extrajudicial killings during his so-called 'war on drugs,' first as mayor of Davao City and later as president of the Philippines. Prosecutors allege he was involved in at least 76 murders between 2013 and 2018, though the true death toll is believed to be much higher. The trial will mark the first time an Asian former head of state appears before the ICC.
Fitness to Stand Trial Disputed
Judge Korner ordered a further assessment of Duterte's fitness to stand trial before proceedings commence. The defence, now led by British barrister Peter Haynes after a reshuffle, argued that setting a date was premature. 'It would be inappropriate to attempt to set a date... the defence position is that a commencement is contingent upon a determination... of Duterte's fitness to stand trial,' the defence said.
Duterte was cleared fit for an earlier confirmation-of-charges hearing, but he did not appear in person. His defence team claimed he was not mentally sharp enough to follow proceedings, adding that 'his condition continues to deteriorate and will need more fully to be reviewed before any trial may commence.'
It remains unlikely that Duterte will ever appear physically in the courtroom in The Hague. Judges have granted him leave of absence at every hearing so far. The only time he has been seen since his arrest was an initial appearance via video, where he seemed confused and tired, his speech barely audible.
Prosecution Alleges Decades of Killings
During the confirmation-of-charges hearings in February, the prosecution laid out a damning case. 'Decades of murdering his own people, murdering the children of the Philippines, and he claims that he did it all for his country. He doesn't deny it,' said Julian Nicholls, summing up for the prosecution. 'He ran a death squad in Davao that he created. He ran it for over 20 years before he became president. His promise was to kill thousands and he did.'
The prosecution expects to call between 60 and 70 witnesses during the trial. Lawyers for the victims have argued that a full trial could encourage more families to come forward, shedding further light on the scale of the killings.
Jurisdiction and Political Context
The Philippines left the ICC in 2019 on Duterte's instructions, but the court has ruled that it retains jurisdiction over alleged crimes committed between 2011 and 2019. The case comes as the ICC faces intense political pressure, including two rounds of US sanctions imposed since June 2025.
Duterte 'absolutely' maintains his innocence, his former defence lawyer Nicolas Kaufman told the court in February. Kaufman argued that the evidence was 'wholly insufficient' and the charges 'grievously misplaced and politically motivated.' He contended that while Duterte used 'bluster and hyperbole' in his speeches, he also frequently ordered authorities only to shoot in self-defence.
The trial is set to be a landmark moment for international justice, testing the ICC's ability to hold former leaders accountable even after their countries withdraw from the court. For European observers, the proceedings underscore the Hague-based court's role as a global arbiter of accountability, despite ongoing geopolitical headwinds.
