Born on March 28, 1945, Mr. Rodrigo Roa Duterte, also known as “Mr. Duterte,” turned himself in to the International Criminal Court (ICC or “the Court”) today, March 12, 2025. According to an arrest warrant issued by Pre-Trial Chamber I (“the Chamber”), he was taken into custody by the Republic of the Philippines’ (“the Philippines”) authorities on suspicion of murder as a crime against humanity.
The Office of the Prosecutor of the ICC (“the Prosecution”) requested an arrest warrant against Mr. Duterte on February 10, 2025, for the crimes of rape, torture, and murder. Judges Reine AdĂ©laĂ¯de Sophie Alapini-Gansou, MarĂa del Socorro Flores Liera, and Presiding Judge Iulia Antoanella Motoc reviewed the evidence presented by the prosecution and determined that there were good reasons to suspect Mr. Duterte of being an indirect co-perpetrator of the murder crime against humanity that was allegedly committed in the Philippines between November 1, 2011, and March 16, 2019.
The Chamber concluded that an attack against civilians was carried out in accordance with both state and organizational policies during Mr. Duterte’s tenure as president of the Philippines and as the leader of the Davao Death Squad (DDS). Furthermore, given that the alleged attack claimed thousands of lives over a number of years, there are good reasons to assume that it was both widespread and systematic. To aid in its analysis, the Chamber concentrated on a sample of alleged incidents in the arrest warrant.
The Chamber found reasonable grounds to believe that Mr. Duterte, in his capacity as the head of the DDS and later as the President of the Philippines, agreed with others to kill people they identified as suspected criminals or people with criminal propensities, including but not limited to drug offenders, first in Davao and then throughout the country.
In due time, a hearing will be set up for Mr. Duterte’s first court appearance. The Chamber will verify the suspect’s identity and the language used so that Mr. Duterte can follow the proceedings during this hearing. Additionally, the Chamber will be satisfied that Mr. Duterte has been made aware of the crime he is accused of committing as well as his rights under the Rome Statute, also known as “the Statute,” which is the founding treaty of the Court.
The ICC Registrar, Mr. Osvaldo Zavala Giler, expressed gratitude to the Dutch authorities for their cooperation and support, as well as to the Philippine authorities for their dedication to maintaining international accountability mechanisms.
Rodrigo Roa Duterte’s arrest warrant
Background: In the context of the Philippine government’s “war on drugs” campaign, which ran from November 1, 2011, to March 16, 2019, the Office of the Prosecutor of the ICC asked the Chamber for permission on May 24, 2021, to begin an investigation into crimes allegedly committed on Philippine soil. The request from the prosecution was made public on June 14, 2021. The Chamber approved the investigation on September 15, 2021.
The ICC Appeals Chamber delivered its ruling on July 18, 2023, confirming the Chamber’s decision to authorize the Prosecution to reopen the investigation into the Philippine situation after the Philippine authorities requested a deferral and the investigation was temporarily suspended.
On March 17, 2018, the Philippines, a party to the ICC since November 1, 2011, submitted a formal notice of withdrawal from the Statute. That withdrawal became effective on March 17, 2019, in accordance with article 127 of the Statute. However, crimes allegedly committed in the Philippines while the nation was a State Party to the Statute are still under the ICC’s jurisdiction.
