The Hague Hearing: Prosecutors Detail 'Common Plan' As Duterte Defence Pleads For His Return

THE HAGUE, Netherlands—The International Criminal Court (ICC) began a pivotal four-day hearing on Monday, 23 February 2026, to determine whether former Philippine President Rodrigo Duterte will stand trial for crimes against humanity. While the 80-year-old former leader remained in his detention cell after waiving his right to appear, the courtroom became a battlefield of contrasting narratives regarding his notorious "War on Drugs."

A 'Machine of Violence'

The Prosecution opened the proceedings by characterising the thousands of killings under the Duterte administration as a calculated, state-sanctioned "Common Plan." Deputy Prosecutor Mame Mandiaye Niang argued that the violence was not a series of rogue police operations but a systematic policy designed at the highest levels of government to "neutralise" targets.

In photo: Deputy Prosecutor Mame Mandiaye Niang and Senior Trial Lawyer Julian Nicholls/ICC

Senior Trial Lawyer Julian Nicholls provided a granular look at the evidence, linking Duterte to a "non-exhaustive" list of 76 specific murders. The Prosecution contended that Duterte transformed the Philippine National Police into a "killing machine" by providing rewards, promotions, and a public guarantee of immunity. "He created clones of himself," the court heard, as prosecutors described how his violent rhetoric was translated into lethal action on the ground.

The 'Last Boat' for Justice

Representing 539 authorised victims, Filipino lawyer Joel Butuyan delivered an emotional appeal, describing the ICC as the "last boat" for families who have found the doors to justice "permanently closed" in the Philippines.

In photo (from left): Atty. Gilbert Andres, Atty. Joel Butuyan & Counsel Paolina Massidda/ICC

Butuyan challenged the notion that domestic courts could handle the case, quoting earlier admissions from Philippine officials about the difficulty of gathering evidence against the powerful. He warned the judges that if the charges are not confirmed, Duterte would return home as a "conquering hero," further cementing a "gospel of impunity" that has "metastasised" across the country.

Defence Slams 'Political Demagoguery'

In a sharp rebuttal, lead defence counsel Nicholas Kaufman dismissed the prosecution’s case as "politically motivated" and based on "selective evidence." He argued that Duterte’s bombastic speeches were mere "hyperbole and bluster" and that the prosecution had "cherry-picked" quotes while ignoring statements where the former president urged police to act within the law.

In photo: Duterte lead counsel Nicholas Kaufman/ICC

Kaufman, who also raised concerns about Duterte’s deteriorating short-term memory, made a direct plea to the Pre-Trial Chamber: "We will ask you to send Rodrigo Duterte back to his family, and we will ask you to give back to the Filipino people their Tatay Digong." The defence maintains that the ICC lacks jurisdiction following the Philippines' 2019 withdrawal from the Rome Statute, a challenge that remains pending on appeal.

The Road to a Ruling

The hearing is scheduled to continue on 24 February and conclude later this week on 26 and 27 February. The judges of Pre-Trial Chamber I—Iulia Antoanella Motoc, Reine Alapini-Gansou, and María del Socorro Flores Liera—must decide if there are "substantial grounds" to believe Duterte committed the crimes.

If the charges are confirmed, the case will move to a full trial. A written decision is expected within 60 days of the hearing's conclusion.