Today, 12 March 2025, Mr Rodrigo Roa Duterte ("Mr Duterte"), born on 28 March 1945, was surrendered to the custody of the International Criminal Court (ICC or "the Court"). He was arrested by the authorities of the Republic of the Philippines ("the Philippines") in accordance with an arrest warrant issued by Pre-Trial Chamber I ("the Chamber") for charges of murder as a crime against humanity.
On 10 February 2025, the Office of the Prosecutor of the ICC ("the Prosecution") applied for an arrest warrant against Mr Duterte for the crimes against humanity of murder, torture and rape. The Chamber, composed of Presiding Judge Iulia Antoanella Motoc and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera, assessed the material submitted by the Prosecution and found reasonable grounds to believe that Mr Duterte is individually responsible as an indirect co-perpetrator for the crime against humanity of murder, allegedly committed in the Philippines between 1 November 2011 and 16 March 2019.
The Chamber found that there was an attack directed against a civilian population pursuant to an organisational policy while Mr Duterte was the head of the Davao Death Squad (DDS), and pursuant to a State policy while he was the President of the Philippines. Moreover, there are reasonable grounds to believe that this attack was both widespread and systematic: the alleged attack took place over a period of several years and resulted in thousands of deaths. In the arrest warrant, the Chamber focused on a sample of alleged incidents to facilitate its analysis.
Concerning Mr Duterte's alleged role as the head of the DDS and subsequently as the President of the Philippines, the Chamber found reasonable grounds to believe that he, jointly with and through other persons, agreed to kill individuals they identified as suspected criminals or persons having criminal propensities, including but not limited to drug offenders, initially in Davao and subsequently throughout the country.
A hearing will be scheduled in due course for Mr Duterte's initial appearance before the Court. During this hearing, the Chamber will confirm the identity of the suspect and the language in which Mr Duterte is able to follow the proceedings. The Chamber will also satisfy itself that Mr Duterte has been informed of the crime which he is alleged to have committed, and of his rights under the Rome Statute ("the Statute"), which is the Court's founding treaty.
The ICC Registrar, Mr Osvaldo Zavala Giler, thanked the authorities of the Philippines for their commitment to upholding international accountability mechanisms, and the authorities of the Host State, the Netherlands, for their cooperation and support.
Warrant of Arrest for Mr Rodrigo Roa Duterte
Background: On 24 May 2021, the Office of the Prosecutor of the ICC requested authorisation from the Chamber to initiate an investigation into crimes allegedly committed on the territory of the Philippines in the context of the "war on drugs" campaign waged by the Government of the Philippines between 1 November 2011 and 16 March 2019. On 14 June 2021, the Prosecution's request was made public. On 15 September 2021, the Chamber authorised the investigation.
On 18 July 2023, following the Philippine authorities' request for deferral and the subsequent temporary suspension of the investigative activities, the ICC Appeals Chamber delivered its judgment which confirmed the Chamber's decision granting authorisation to the Prosecution to resume the investigation in relation to the situation in the Philippines.
The Philippines, an ICC State Party since 1 November 2011, deposited a written notification of withdrawal from the Statute on 17 March 2018. Under article 127 of the Statute, that withdrawal took effect on 17 March 2019. Nevertheless, the ICC retains jurisdiction over crimes allegedly committed in the Philippines while the country was a State Party to the Statute.
