The International Criminal Court has scheduled the trial of former Philippine president Rodrigo Duterte for 30 November, marking a defining moment for the institution’s authority and its relationship with sovereign states. Duterte faces charges of crimes against humanity related to his administration’s drug war, which claimed thousands of lives. The trial, to be held in The Hague, follows years of preliminary examinations and a formal investigation opened in 2021.
For the ICC, this represents a critical test of its ability to hold former heads of state accountable, particularly from nations that are not party to the Rome Statute. The Philippines withdrew from the ICC in 2019, but the Court retains jurisdiction over crimes committed while it was a member. Legal analysts note that the case will hinge on whether the prosecution can establish command responsibility for extrajudicial killings allegedly carried out by police and vigilante groups.
The trial’s timing also coincides with a broader push by the ICC to pursue high-profile cases, including those involving leaders from Myanmar and Russia. However, the Court faces significant challenges: it lacks enforcement mechanisms and relies on state cooperation, which has been uneven. The Duterte trial may set a precedent for how the ICC navigates political pressure and accusations of bias, particularly from Asian and African states.
For Manila, the proceedings threaten to expose internal security operations and could strain relations with allies. Human rights organisations have welcomed the trial as a victory for accountability, while critics argue it risks becoming a political spectacle. The outcome will have implications for the future of international law and the limits of sovereign immunity.
