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People take part in a demonstration that coincides with the 80th birthday of former Philippine president Rodrigo Duterte, to call for justice and his conviction by the International Criminal Court (ICC) of the charge tied to his "war on drugs" in which thousands were killed, at the Liwasang Bonifacio in Manila on March 28, 2025.
AFP / Earvin Perlas
MANILA, Philippines — Victims of the Duterte administration’s war on drugs are asking the International Criminal Court (ICC) to reject former president Rodrigo Duterte’s request to delay a decision on the court’s jurisdiction over his case.
In a motion dated July 24, the Office of Public Counsel for Victims (OPCV) argued that Duterte’s request “lacks any proper procedural foundation” and runs counter to the interests of victims.
The OPCV criticized the former president’s defense team for raising arguments that are "speculative" and for presenting matters unrelated to the ICC’s jurisdiction over the alleged crimes in the Philippines.
The ICC’s Pre-Trial Chamber I has already issued an arrest warrant for Duterte in connection with alleged crimes against humanity committed during his anti-drug campaign. The OPCV said that Duterte’s motion introduces irrelevant issues and fails to justify postponement of a decision.
“As such, the jurisdictional challenge profoundly touches upon the interests of victims and should be adjudicated promptly in the absence of a formal withdrawal of said challenge by the defence,” the OPCV said.
Victims seek legal certainty
The OPCV also stressed that victims are entitled to legal clarity on the court’s jurisdiction and warned against stalling the case.
It noted that delaying the ruling would not serve justice and would only force the court to re-litigate the matter at a later stage, especially if another suspect is brought before the court.
“It would not be in the interests of justice to effectively abort the current deliberations only to re-litigate the matter at a later stage or if and when another suspect is brought before the Court,” the OPCV said.
It added that the defense itself had earlier argued for an early ruling to “prevent the unnecessary expenditure of resources incurred.”
According to the OPCV, the challenge to the court’s jurisdiction does not pertain solely to Duterte’s case but affects the entire situation in the Philippines. Its resolution could influence how the ICC proceeds with future related cases.
“Hence, the interests of victims, and ultimately, the interests of justice demand that the chamber dispose of the matter without interruption, delay, or indefinite suspension,” the motion stated.
What prompted the response
The OPCV’s motion was in response to a July 22 request by Duterte’s defense counsel, Nicholas Kaufman, asking the pre-trial chamber to delay its ruling on jurisdiction.
Duterte is facing charges of crimes against humanity linked to at least 43 alleged killings by the Davao Death Squad and by police during operations carried out from Nov. 1, 2011, to March 16, 2019.
While official government reports peg drug war deaths at around 6,000, human rights organizations estimate the number could be as high as 30,000, with most victims reportedly being small-scale drug users and pushers.
The ICC is expected to decide on the confirmation of charges against Duterte on September 23.
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