By Jodesz Gavilan in Manila

The confirmation of charges hearings at the International Criminal Court (ICC) kicked off on Monday this week setting the stage for four days of high-stakes arguments over former President Rodrigo Duterte’s deadly drug war.

The team of prosecutors, victims’ representatives, and the defence are laying out their cases aiming to prove — or challenge — whether Duterte’s actions warrant trial.

After this pre-trial hearing, the ICC judges may decide whether there is enough evidence to move forward to a full trial, a process that could define Duterte’s legacy and signal accountability.

The past few days have been tense, with prosecutors presenting the systematic anti-illegal drug campaign that led to the thousands of deaths under Duterte, while victims’ representatives described the human toll in stark terms.

The defence team, so far, has painted a portrait of a president who was tough, outspoken, and misunderstood, but whose actions, they argued, were within the law.

Rappler has highlighted some of the most striking statements from the sessions. This will be updated as the confirmation of charges progresses and ends tomorrow.

Day 1 — February 23, 2026

Read the highlights from Day 1 at Rappler

“Mr Duterte’s criminal plan and his intent were no secret. He not only shared them with his co-perpetrators and members of the [Davao Death Squad], but also made them abundantly clear to the general public in the numerous public statements that he made time and again.

“His intent and knowledge are shown by the multiple statements that he made throughout his mayoral and presidential tenure promising to reduce crimes by killing alleged criminals, promoting the common plan, and urging the police and even members of the public to kill alleged criminals.”

— Deputy ICC prosecutor Mame Mandiaye Niang on how Duterte’s public speeches demonstrate his intent and knowledge in promoting drug war killings

“The arrest and detention of Mr Duterte has not stopped impunity in the Philippines. The virus of impunity that he spread all over the country has become a cancer that has metastasised, infecting millions of Filipinos. Mr. Duterte has created clones of himself. He converted millions of peace-loving citizens into bloodthirsty disciples who have become converts to the belief that violence and killings are valid solutions to societal problems.

“The killings masterminded by Mr Duterte continue to have consequences for the victims, even to this day, because of his clones. These mini-Dutertes harass, threaten, or commit outright violence against the victims and their families.”

— Lawyer Joel Butuyan, ICC-appointed common legal representative for victims, on the culture of impunity in the Philippines and the continuing threats faced by families of drug war victims

“If the charges are not confirmed in this case, one of the gravest concerns of the victims is that Mr Duterte will return to the Philippines as a conquering hero. He will resume preaching his gospel of impunity. In fact, if Mr Duterte could threaten to slap the judges of this court — which he did while he was president — this chamber should imagine the kind of terror-filled threats and the violent actions that can easily be used against the victims if the suspect walks free from this court.”

— Lawyer Joel Butuyan, ICC-appointed common legal representative for victims, on the potential risks if Duterte is not tried in court and punished.

“Rodrigo Duterte was, and will always remain, a unique phenomenon. His style of statesmanship was novel and unpalatable to many. His expletives and hyperbole grated, while his honesty and wild popularity irritated. He spoke openly from the heart, sincerely and truthfully. And what a contrast between him and his successor in Malacañang. For [Duterte], his word was his word, and the people knew it. For President Bongbong, his was for the wind and the people will not forget it.”

— Lead defence counsel Nicholas Kaufman on Duterte’s style of leadership and his contrast with President Ferdinand Marcos Jr.

“[Duterte]’s rhetoric was calculated to arouse fear and obedience, to instill fear in their hearts, and to inculcate a respect for the law in their minds. Nothing more, nothing less. That was his intent, and it was not criminal.”

— Lead defence counsel Nicholas Kaufman on Duterte’s use of rhetoric to enforce law and order.

“The reality is that Mr Duterte’s message was clear, and it was understood by the perpetrators, and it was followed. That message was: commit murder at my direction, and I will protect you, I will pay you, I will promote you. That’s what happened.

“And I’ll say this as well, your Honours, for purposes of this confirmation hearing, disregard every speech ever made by Mr Duterte. Throw them all out. There is still ample evidence of substantial grounds based on the other evidence which we have put on our list of evidence. And the evidence as a whole, when you weigh it together, will show that what [Nicholas Kaufman] said is not correct, that Mr Duterte intended for his subordinates to follow the law and that he was interested and that his speeches were simply bluster.”

— Senior trial lawyer Julian Nicholls of the ICC prosecution team, on why evidence beyond his public speeches demonstrates intent to commit killings.

Day 2 — February 24, 2026

Read the highlights from Day 2 at Rappler

“Mr Duterte goes on to comment on extrajudicial killings. And as he does so, your Honours will note the nonchalant, casual manner in which he draws his finger across his throat . . .  And in this opulent, gilded presentation room, the officials laugh along with their president while he boasts about his skills in extrajudicial killing. Outside, on the streets of the Philippines, the bodies pile up.”

— Lawyer Edward Jeremy of the ICC prosecution team, on the behaviour of Duterte during public speeches that were shown in the confirmation of charges hearing

“And in the face of this public outcry, Mr Duterte was forced to temporarily withdraw police from drug operations . . .  And this led to a reduction in the frequency of killings. In announcing this temporary withdrawal, Mr Duterte sarcastically stated that he hoped that this would satisfy ‘bleeding hearts and the media’. And, in this way, he publicly communicated that this was not a genuine effort to prevent crime, but rather a temporary attempt to placate public criticism. And less than two months later, Mr Duterte decided to once again scale up operations.”

— Lawyer Edward Jeremy of the ICC prosecution team, on Duterte’s response following the killing of 17-year-old Kian delos Santos

“From everything you have heard over the past two days, there can be no doubt about Mr Duterte’s knowledge and intent. He intended that the crimes would be committed and he was aware that they would be committed as a result of implementing the common plan . . .  Mr Duterte knew because he himself established the DDS to kill people. He repeatedly broadcast his intention to implement the common plan nationally if elected president. He made it clear that this would involve killing.

“Once he was president, he moved his trusted co-perpetrators from Davao into key national positions. And as the number of killings rose, Mr Duterte persisted with the common plan. He praised the 32 killings in a one-time big-time operation in Bulacan. He publicly named so-called high-value targets. He promised to protect police and as your Honours have heard, Mr Duterte has admitted to many of these things.”

— Lawyer Robynne Croft of the ICC prosecution team, on the deliberate orchestration of drug war killings and the role of the Davao Death Squad and national officials in executing the common plan.

“We speak for families who cannot be here, mothers who buried their sons, children who lost their parents, the spouses who now raise families alone, and communities that have lived for years under fear and silence and that continue to bear the consequences of violence that swept through their neighborhoods like a storm. These victims appear today before you not as mere statistics or distant figures or images in reports . . . but as human beings whose rights under the Rome Statute have been violated in the most profound ways.”

— Paolina Massida, principal counsel of the Office of Public Counsel for Victims (OPCV), on what the families of drug war victims had to go — and are going — through.

“The shooting could happen immediately, behind closed doors or in the street, or the victims would be taken away by the gunmen, only for shots to be heard minutes later and the body to be discovered by local residents. At times, bodies were dumped elsewhere, sometimes with hands tied or heads wrapped in plastic. Relatives typically found them after being alerted by policemen or by the neighbors.”

— Paolina Massida, OPCV principal counsel, on the pattern of killings during Duterte’s drug war.

“In other cases, victims tried to seek justice. They went to the police, to local officials, to government agencies. They filed reports, they asked for investigation, they begged for answers. Their pleas were ignored, their complaints were dismissed, their testimonies were doubted. In some cases, the very people they approached for help were the same ones involved in the violence. They were left with no path forward. No institution was willing to hear them, no authority was willing to protect them, no system was willing to acknowledge what was happening.”

— Paolina Massida, OPCV principal counsel, on the systemic failure in the Philippines to provide justice or protection for drug war victims.

“The victims have waited years for this moment. They have been silenced, stigmatized, and denied justice in their own country. Today, they stand before you with the hope that justice long denied may finally be within reach. This [ICC] is their last refuge. And today, on their behalf, we ask this chamber to affirm that their suffering matters, that their rights matter, and that the rule of law extends even to the most powerful by confirming all the charges against Mr Duterte and committing him to trial.”

— Paolina Massida, OPCV principal counsel, on the appeal of victims for accountability.

“Mr Duterte’s drug war campaign targeted the very humanity of the victims, of their families, and of their communities. In Filipino, the indirect victims expressed this in one sentence: ‘Inalisan kami ng dangal.’ We were stripped of our dignity.”

— Lawyer Gilbert Andres, ICC-appointed common legal representative for victims, on their dehumanisation and targeting during Duterte’s drug war.

Republished from Rappler with permission.

Article by AsiaPacificReport.nz

An Indonesian court has held a hearing to consider whether the ailing suspended Papua Governor, Lukas Enembe, is well enough to go on trial for the allegations of bribery and gratification that he is facing.

The hearing was held in the Central Jakarta District Court yesterday to consider a second medical opinion provided by the Indonesian Medical Association (IDI).

Corruption Eradication Commission (KPK) public prosecutors read out the IDI medical report, which stated that the defendant Enembe was fit to face trial.

Former Governor Enembe was not present at the hearing and his lawyers and family protested against the second opinion of IDI’s decision, arguing that the judgment was not based on a proper medical report but rather a view formed and collected by KPK’s doctors through interviews.

The family refused to accept this result because they believe it did not accurately represent the medical issues facing the governor.

The governor’s lawyers contend that their client is seriously ill, and they have now received an accurate medical report from the army hospital’s specialist, who has been treating  Enembe for the past two weeks, since he was moved from KPK’s detention cell to Gatot Soebroto Army Central Hospital (RSPAD) in Jakarta on July 16 due to serious health concerns.

“As a result of the explanation given by the RSPAD doctor’s team who visited Mr Enembe’s in-patient room on Monday (24/7), it was determined that Mr Enembe’s kidney function had decreased dramatically. According to Bala Pattyona, Mr Enembe’s chronic kidney has deterorated rapidly,” reports ODIYAIWUU.com.

From army hospital to cell — emotional for family
Despite serious health concerns, on July 31 the KPK came to the Army hospital and picked up Enembe, taking him to KPK’s detention cell.

Enembe’s lawyer, Petrus Bala Pattyona, revealed an emotional atmosphere when Enembe was removed from the hospital.

His wife, siblings and other relatives who were at the RSPAD were reportedly crying.

“The governor was taken by wheelchair from his room to the ambulance,” Petrus told Kompas.com on Monday night.

Petrus said that before being picked up by the KPK prosecutors, the family had refused to sign administrative documents for Enembe’s departure from RSPAD.

“Because the person who brought Mr Enembe to the hospital was a KPK prosecutor, then they are the ones who are responsible for Mr Enembe’s discharge from the hospital,” said Pattyona.

The KPK officials signed the hospital discharge papers.

Health priority request
The governor’s lawyers asked for the unwell governor to remain in the city to prioritise his medical treatment.

In response to his deteriorating health, the governor’s legal advisory team sent a letter on Thursday, July 20, to the Jakarta District Court judges.

They requested that Lukas Enembe be granted city arrest status because of his serious life-threatening illness.

The letter was signed by the governor’s legal team, including Professor Dr OC Kaligis, Petrus Bala Pattyona, Cyprus A Tatali, Dr Purwaning M Yanuar, Cosmas E Refra, Antonius Eko Nugroho, Anny Andriani and Fernandes Ratu.

According to the governor’s senior lawyer, Professor Kaligis, the application was submitted on the grounds that Enembe’s health had not improved since he had been detained in KPK’s detention cell.

Professor Kaligis said: “Our client is suffering from many complicated, serious illnesses. His kidney disease has reached stage five, he has diabetes, and he has suffered from four strokes. He is suffering from low oxygen saturation, swelling in his legs, and other internal diseases.”

In a written statement, Kaligis said Enembe’s legal counsel requested the judges to consider bail for the governor. He pleaded with the legal authorities to empathise with Enembe’s suffering.

Suharto’s case a valuable lesson
Kaligis said that while defending the late Indonesian President Suharto, his party went to Geneva on 13 June 2000 and met with the Centre for Human Rights and specifically the Human Rights Officer, Mrs Eleanor Solo.

“During that time, I was accompanied by Dr Indriyanto Seno Adji and two members of the TVRI crew because a seriously ill individual would not be suitable to [be examined] at the trial. Regardless of accusations a person might be facing, no one should be subjected to inhumane or degrading conduct,” Kaligis said.

During Kaligis’s visit to Geneva, a human rights delegation visited the residence of Suharto, ensuring that the judge who tried Suharto, the late Chief Justice of South Jakarta State, Judge Lalu Mariun, stopped the examination after receiving a fatwa from the Supreme Court.

Because Lukas Enembe is incarcerated under the authority of a panel of judges — not the KPK — Profewsaor Kaligis said they were hopeful that the request would be granted.

According to Elius Enembe, the governor’s brother and spokesman for the governor’s family, the governor was in a critical condition.

Nothing good will come from returning him to KPK’s prison cells. This is bad news for us and given the governor requires full support in terms of care needs, KPK should be held responsible should something grave occur while under their council. The Papuan people and the world are watching. There is nothing more torturous than this.

On Wednesday, 26 July 2023, the governor had his birthday, turning 56.

What should have been a happy celebration with family and the people of his homeland was abandoned for a hospital bed.

The trial is due to resume next week.

Yamin Kogoya is a West Papuan academic who has a Master of Applied Anthropology and Participatory Development from the Australian National University and who contributes to Asia Pacific Report. From the Lani tribe in the Papuan Highlands, he is currently living in Brisbane, Queensland, Australia.

Article by AsiaPacificReport.nz

An Indonesian court has held a hearing to consider whether the ailing former Papua Governor, Lukas Enembe, is well enough to go on trial for the allegations of bribery and gratification that he is facing.

The hearing was held in the Central Jakarta District Court yesterday to consider a second medical opinion provided by the Indonesian Medical Association (IDI).

Corruption Eradication Commission (KPK) public prosecutors read out the IDI medical report, which stated that the defendant Enembe was fit to face trial.

Former Governor Enembe was not present at the hearing and his lawyers and family protested against the second opinion of IDI’s decision, arguing that the judgment was not based on a proper medical report but rather a view formed and collected by KPK’s doctors through interviews.

The family refused to accept this result because they believe it did not accurately represent the medical issues facing the governor.

The governor’s lawyers contend that their client is seriously ill, and they have now received an accurate medical report from the army hospital’s specialist, who has been treating  Enembe for the past two weeks, since he was moved from KPK’s detention cell to Gatot Soebroto Army Central Hospital (RSPAD) in Jakarta on July 16 due to serious health concerns.

“As a result of the explanation given by the RSPAD doctor’s team who visited Mr Enembe’s in-patient room on Monday (24/7), it was determined that Mr Enembe’s kidney function had decreased dramatically. According to Bala Pattyona, Mr Enembe’s chronic kidney has deterorated rapidly,” reports ODIYAIWUU.com.

From army hospital to cell — emotional for family
Despite serious health concerns, on July 31 the KPK came to the Army hospital and picked up Enembe, taking him to KPK’s detention cell.

Enembe’s lawyer, Petrus Bala Pattyona, revealed an emotional atmosphere when Enembe was removed from the hospital.

His wife, siblings and other relatives who were at the RSPAD were reportedly crying.

“The governor was taken by wheelchair from his room to the ambulance,” Petrus told Kompas.com on Monday night.

Petrus said that before being picked up by the KPK prosecutors, the family had refused to sign administrative documents for Enembe’s departure from RSPAD.

“Because the person who brought Mr Enembe to the hospital was a KPK prosecutor, then they are the ones who are responsible for Mr Enembe’s discharge from the hospital,” said Pattyona.

The KPK officials signed the hospital discharge papers.

Health priority request
The governor’s lawyers asked for the unwell governor to remain in the city to prioritise his medical treatment.

In response to his deteriorating health, the governor’s legal advisory team sent a letter on Thursday, July 20, to the Jakarta District Court judges.

They requested that Lukas Enembe be granted city arrest status because of his serious life-threatening illness.

The letter was signed by the governor’s legal team, including Professor Dr OC Kaligis, Petrus Bala Pattyona, Cyprus A Tatali, Dr Purwaning M Yanuar, Cosmas E Refra, Antonius Eko Nugroho, Anny Andriani and Fernandes Ratu.

According to the governor’s senior lawyer, Professor Kaligis, the application was submitted on the grounds that Enembe’s health had not improved since he had been detained in KPK’s detention cell.

Professor Kaligis said: “Our client is suffering from many complicated, serious illnesses. His kidney disease has reached stage five, he has diabetes, and he has suffered from four strokes. He is suffering from low oxygen saturation, swelling in his legs, and other internal diseases.”

In a written statement, Kaligis said Enembe’s legal counsel requested the judges to consider bail for the governor. He pleaded with the legal authorities to empathise with Enembe’s suffering.

Suharto’s case a valuable lesson
Kaligis said that while defending the late Indonesian President Suharto, his party went to Geneva on 13 June 2000 and met with the Centre for Human Rights and specifically the Human Rights Officer, Mrs Eleanor Solo.

“During that time, I was accompanied by Dr Indriyanto Seno Adji and two members of the TVRI crew because a seriously ill individual would not be suitable to [be examined] at the trial. Regardless of accusations a person might be facing, no one should be subjected to inhumane or degrading conduct,” Kaligis said.

During Kaligis’s visit to Geneva, a human rights delegation visited the residence of Suharto, ensuring that the judge who tried Suharto, the late Chief Justice of South Jakarta State, Judge Lalu Mariun, stopped the examination after receiving a fatwa from the Supreme Court.

Because Lukas Enembe is incarcerated under the authority of a panel of judges — not the KPK — Profewsaor Kaligis said they were hopeful that the request would be granted.

According to Elius Enembe, the governor’s brother and spokesman for the governor’s family, the governor was in a critical condition.

Nothing good will come from returning him to KPK’s prison cells. This is bad news for us and given the governor requires full support in terms of care needs, KPK should be held responsible should something grave occur while under their council. The Papuan people and the world are watching. There is nothing more torturous than this.

On Wednesday, 26 July 2023, the governor had his birthday, turning 56.

What should have been a happy celebration with family and the people of his homeland was abandoned for a hospital bed.

The trial is due to resume next week.

Yamin Kogoya is a West Papuan academic who has a Master of Applied Anthropology and Participatory Development from the Australian National University and who contributes to Asia Pacific Report. From the Lani tribe in the Papuan Highlands, he is currently living in Brisbane, Queensland, Australia.

Article by AsiaPacificReport.nz