MANILA – For the families left behind by the brutal anti-illegal drug campaign of Rodrigo Duterte, the prosecution of the International Criminal Court (ICC) is ‘their court of last resort’. The recent postponement of the hearing about the confirmation of charges, for them, is a delaying tactic.

ICC Pre-Trial Chamber I decided to postpone the hearing on the confirmation of charges against former President Rodrigo Duterte. The announcement was made following a request by the Defence to postpone the hearing, citing that Duterte is “not fit” to stand trial. 

“It took us eight to nine years to finally see justice moves,” said Llore Pasco, mother of two drug war victims, in Filipino. “His [Duterte’s] wife and daughter said that he is okay. If he can eat properly, then he should be able to face the charges against him.”

Pasco’s sons Crisanto Antonio and Juan Karlos were found dead in Arboretum, Quezon City. Crisanto was supposed to get his security license for his job on May 11, 2017. A day after, Pasco and her other children found out about the death of Crisanto and Juan in a television newscast.

Duterte was arrested in March 2025 by the ICC by virtue of an arrest warrant for the crimes against humanity– in his capacity as the previous president of the Philippines during the brutal drug war campaign and as alleged founder of the Davao Death Squad– allegedly committed in the Philippines between November 1, 2011 and March 16, 2019, when the Philippines was still a member-state of the Rome Statute. 

Data from the human rights organizations reported that there are more than 30,000 victims of extra-judicial killings in the whole course of Duterte’s administration, which is significantly higher than the official police records of 6,000 victims.

Another mother of a drug war victim, Emily Soriano, said that Duterte is still lucky that his children could still see him. “But what about us? We’ve been waiting for years. Our children are already decaying in their graves,” she said in a press conference on September 9.

Angelito, Soriano’s 16-year-old son, was among the seven individuals who were killed by masked men vigilante-style in Bagong Silang, Caloocan City, on Dec. 28, 2016. Authorities claimed that the killings were gang-related and tied to illegal drugs.

This September 26, Angelito should be celebrating his 25th birthday. This year, Soriano looks forward to Duterte being put on a hearing as soon as possible. She wishes justice on the upcoming birthday of her son.

Painting himself aggrieved

Duterte’s legal counsel submitted a request for “indefinite adjournment”, seeking that all legal proceedings, including the hearing on the confirmation of charges, be adjourned indefinitely. Both the prosecution and the Office of Public Counsel for Victims (OVCV) opposed the adjournment request. The judges note that Duterte’s fitness to participate in the pre-trial proceedings is ongoing. One out of three judges dissented from Duterte’s request for adjournment of proceedings.

Kristina Conti, victims’ assisting counsel from the National Union of People’s Lawyers (NUPL) and Rise Up for Life and for Rights, said that they agree with the decision of the dissenting judge, María del Socorro Flores Liera. 

“The attendance of the suspect (Duterte) is not crucial at all. The confirmation of charges hearing is a discussion on the scope of the case. And the one who will primarily speak there is his lawyer,” Conti said. “So he may leave it to his lawyer, for instance, if he is not feeling well or if he does not want to appear in person.”

Rule 124 of ICC’s Rules of Precures and Evidence states the information about the waiver of the right to be present at the confirmation hearing. Following this, the suspect shall submit a written request to the Pre-Trial Chamber, which may then hold consultations with the Prosecutor and the person concerned, assisted or represented by the legal counsel. The chamber may also authorize the person to observe the hearing outside the courtroom through the use of communications technology if required.

Pasco said that Duterte’s family, particularly his wife and children, have been stating in their interviews that Duterte is still okay. In a video published by SunStar Davao, Duterte’s daughter Veronica “Kitty” Duterte said that her father is doing well. “I expected him to be more frail, but he is not. He is doing well. He is even better as compared to the few weeks inside. He sounded more lively and more sharp.”

This instance is nothing new for Filipinos and even in the ICC, said Conti, dubbing it as a form of “wheelchair justice”. She added in Filipino: “At the last minute, the suspect makes a plea. Out comes the wheelchair. Out comes the neck brace. This is that moment.”

The counsel for victims with Rise Up for Life and for Rights, Neri Colmenares and Conti, said in a statement that they are coordinating with the Office of the Public Counsel for Victims (OPCV) to push for the resetting of the hearing soonest and for any other available remedies. 

Warning the public about possible deception, they said: “Duterte is notorious for drama and antics of obfuscation. And Filipinos have seen this tactic one time too many. We will not fall for a desperate, time-worn, and calculated ploy to paint himself aggrieved.”

A litmus test

Cristina Palabay, secretary general of human rights group Karapatan, said that the case of Duterte is crucial in the international judicial system. “Duterte’s case is not just a litmus test here in the Philippines, he is the first president in Asia to be detained and charged with this kind of crime. The whole world is watching how this case unfolds.”

She also added that their continuous assertion is to oppose the interim release requested by Duterte’s camp. In a filing dated August 18, Duterte’s legal counsel reiterated his request for interim release. His legal counsel argued that Duterte poses no risk of fleeing, obstructing investigation, or committing further alleged crimes.

However, this has been opposed by the ICC’s prosecution. In a response to the initial request, the Prosecution said that Duterte’s continued detention is necessary to ensure his appearance at trial under Article 58 of the Rome Statute, since he does not accept the legitimacy of the legal proceedings against him.

Read: ICC prosecution opposes Duterte interim release bid

“Duterte’s proclamations that he would rather die than appear before the Court, or would “finish” ICC staff assisting with his arrest and transfer in “a shootout”, is not consistent with the behaviour of an individual committed to returning for his appearance at trial,” the prosecution argued.

Duterte, on the day of his arrest and prior to his transfer to the Netherlands, was said to have petitioned the Supreme Court for a permanent injunction that would bar government officials and those acting under their authority from cooperating with the ICC, including the enforcement of ICC arrest warrants.

“We, the families of the victims, will not allow him to keep making request after request. If all he does is wait or ask, then we hope these will no longer be granted,” said Soriano. “We will not agree for the ICC to grant his [request for] interim release. If he is sick, let him be treated there.”

Rise Up for Life and for Rights is an organization of families of drug-related killings and their supporters. In a statement, reiterated the own words of Duterte in a hearing conducted by the House of Representatives in November 2024, challenging the ICC to begin its investigation immediately. “If I am found guilty, I will go to prison and rot there for all time,” Duterte was quoted as saying.

Last year’s domestic investigation via HOR and Senate solidified the assertion that extrajudicial killings is a state policy. The NUPL exposed the common pattern on drug war killings: it starts with vilification when Duterte’s campaign focuses on exaggerating the problem, identifying targets, and appealing to the public. Operation follows where victims were killed via police operations or vigilante-style and identified as “nanlaban.” (resisted arrest/fought back)  Last, the absolution and impunity where cases have no or poor investigation. Some police officials involved in the killings rose to the ranks while Duterte promised pardon. 

Read: Duterte’s testimony affirmed that drug-related extrajudicial killings a state policy — right groups

Dutertes still in power

Rise Up for Life and for Rights said that the Dutertes still have political and economic influence to demonize, harass, and intimidate the families and their supporters, dubbing him dangerous even inside the prison.

“Many families still grapple with fear. The risks to their lives and their security are very real with the Dutertes and their allies still in power. Bringing him home would make those risks even more palpable,” the group said. 

Sara Duterte, Duterte’s daughter, is the current vice president in the Philippines and she is the first vice president to be impeached. However, she continues to hold office since the Senate has not ruled any verdict and the articles of impeachment were declared “unconstitutional” by the Supreme Court, despite the people’s clamor for accountability.

Read: Progressives protest SC ruling blocking Sara Duterte impeachment

Moreover, the Duterte family has secured seats in the 2025 midterm elections in their political stronghold in Davao. Duterte himself won the mayoral race, while his sons, Sebastian and Paolo Duterte, won the seats of vice mayor and First District Representative of Davao City. 

Two of Duterte’s henchmen—Senator Ronald ‘Bato’ dela Rosa, the former national police chief who oversaw the bloody drug war, and Senator Bong Go, Duterte’s longtime aide and shadow operator for two decades—remain firmly entrenched in power.

“It feels like we are being punished again,” said Pasco frustratingly. But she called on to more families orphaned by the brutal drug war campaign. “We hope more victims will come forward.”

Another mother of a drug war victim and a Rise Up leader, Dhalia Cuartero, said that they respect the ICC and hope that Duterte will face his crimes. “We wish for him to live longer so there is time for him to face the case.”
Rise Up for Life and for Rights also warned the administration of Ferdinand Marcos Jr. against colluding with the Duterte’s camp. “Marcos should not negotiate with the Dutertes. Our fight for justice should not be reduced to political accommodations,” the group added. They are also urging other victims’ families to reach out to their organization to assist them in applying to the victims’ registry of the ICC. (RVO)