There are some histories that do not fade when the speeches end.
They remain in alleyways and mourning rooms, in photographs held too long, in names spoken softly over candles and cardboard signs. In the Philippines, the years of the drug war left behind more than statistics. They left absences—chairs unfilled at dinner tables, streets remembered for sirens, mothers carrying stories no courtroom can fully contain.
This week, those stories moved one step further into the language of international law.
Judges at the International Criminal Court in The Hague rejected former Philippine president Rodrigo Duterte’s appeal challenging the court’s jurisdiction over his crimes against humanity case, clearing the way for proceedings that could become the first ICC trial of a former Asian head of state.
The ruling came in a quiet courtroom, but its echoes reached far.
Duterte, now 81 and detained in The Hague since his arrest in March 2025, faces three counts of crimes against humanity tied to murders allegedly committed during his anti-drug campaign. The charges span his years as mayor of Davao City and later as president, covering the period from 2011 until March 2019, when the Philippines formally withdrew from the Rome Statute, the treaty that established the ICC.
His legal team argued that withdrawal should place him beyond the court’s reach.
The judges disagreed.
In a ruling read by presiding judge Luz del Carmen Ibáñez Carranza, the Appeals Chamber rejected all four grounds of appeal, affirming an earlier decision that the court retains jurisdiction because the alleged crimes occurred while the Philippines was still a state party and because the ICC’s preliminary examination began before the withdrawal took effect.
With that decision, Duterte’s request for immediate and unconditional release was rendered moot.
Law, in such moments, can feel both distant and intimate.
Distant in The Hague’s polished chambers and procedural language. Intimate in the Philippines, where the drug war remains one of the most divisive chapters in recent national memory.
Under Duterte’s presidency, the anti-drug campaign was praised by supporters as a ruthless restoration of order. Critics called it a campaign of extrajudicial killings. Human rights groups estimate that thousands died in police operations and vigilante-style killings. Official police figures acknowledge several thousand deaths in anti-drug operations, while activists and investigators say the true toll may be far higher.
Numbers, in such cases, become a second battlefield.
At hearings earlier this year, ICC prosecutors alleged Duterte personally helped create and sustain “death squads,” drew up target lists, and publicly encouraged violence through speeches and threats. His defense has denied the accusations, arguing there is no direct evidence linking his rhetoric to specific killings and no “smoking gun” proving command responsibility.
The court has yet to decide whether to confirm the charges formally.
That next decision will determine whether the case proceeds to full trial.
In the Philippines, reaction has arrived in fragments.
Families of victims gathered to watch the hearing by livestream, some weeping, some cheering quietly as the ruling was read. Supporters of Duterte condemned the ICC process as foreign interference. Political fault lines that once shaped elections now shape interpretations of justice itself.
Meanwhile, Duterte did not appear at the hearing.
His defense team has said he is mentally unfit to attend proceedings regularly, and the court previously granted requests allowing his absence. His lawyers have continued to challenge aspects of detention and procedure, though the jurisdiction question now appears settled.
And so the case moves forward.
Not swiftly, as international justice rarely does, but steadily—through motions, filings, witness statements, and the slow mechanics of accountability. For some, the pace feels unbearable. For others, it is the only pace law can keep.
In Manila, traffic still moves beneath billboards and monsoon skies. In Davao, markets open in the morning light. Ordinary life continues, as it always does, around extraordinary memory.
But in The Hague, one appeal has fallen silent.
And in that silence, the long reckoning of a nation’s dead grows a little louder.
AI Image Disclaimer Illustrations were created using AI tools and are not real photographs.
Sources Reuters ABC News Australia Associated Press GMA News Philstar
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