For four days, Grace Garganta sat inside the public gallery of the International Criminal Court (ICC) in The Hague. She listened as prosecutors read aloud the words of former Philippine president Rodrigo Duterte who is accused of unleashing a “drug war” in the Philippines that killed thousands, including Garganta’s brother and father.
At times, Garganta sat silently with other family members of victims. Tears streamed down her face as lawyers recounted details of police crackdowns and streets littered with bodies, some with their heads bound in packing tape.
At other moments, she could barely contain her rage as Nicholas Kaufman, Duterte’s lawyer, countered that relying on Duterte’s former speeches to prove criminal intent is impossible. “That is why it is so important that we are here. To give a face to all those people who were killed. Our loved ones who were killed, us who were left behind, we are not just numbers,” Garganta told DW.
Duterte faces three counts of crimes against humanity for murder, tied to thousands of alleged extrajudicial killings carried out during his time as mayor of Davao City and later as president of the Philippines.
As the pre-trial hearings close, ICC judges will have up to 60 days to decide whether prosecutors have shown “substantial grounds” to move the case to a full trial.
Making the case against Duterte
Garganta’s father, Marcelo, and her brother, Joseph, were killed in 2016. In the years that followed, she went into hiding, gripped by fear after becoming a potential witness.
She traveled to The Hague in September when the confirmation hearing was originally scheduled, but it was postponed at the request of Duterte’s lawyers, citing his frail health. This week, Duterte waived his right to attend the pre-trial hearings in person.
Garganta said she feels not only hopeful but also happiness. “This is not yet a victory. But it is a huge step in that long stairway to justice. There are no shortcuts, it is step by step. But we are still here and we will continue to fight,” she said.
Duterte’s supporters call for his release
Outside the court and across the street from the detention center, where Duterte has been held since his arrest in the Philippines last March, supporters are keeping vigil. They call for Duterte’s release, echoing his legal counsel’s request for an interim release of the 80-year-old former president.
Some, like Magdalena Huelgo, a nurse based in Northern Ireland, traveled to the Netherlands with her husband. “We’re from Davao and we saw all the good things that the president did there. We are here to support him,” she said.
A group of Filipino seafarers traveled from Rotterdam to support Duterte, stating he did much for migrant workers. Marlon Galola, a seafarer of 20 years, told DW, “President Duterte did so much for us migrant workers like when he stood up to Middle East countries over mistreatment. No other president did that for us.”
While acknowledging the pain of victims’ families, supporters insist Duterte acted in what they believed were the country’s interests.
Witness participation marks a historic first
The ICC has authorized 539 witnesses to participate in the confirmation of charges through three appointed lawyers. ICC spokesperson Oriane Maillet said giving victims a formal voice in the courtroom marks a first in international criminal law. “It is essential for victims to have a voice in the proceedings,” she said.
Dayna Chaikel, representative of the International Federation for Human Rights (FIDH) to the ICC, stated, “For a court that sits far from the communities most affected, meaningful participation is essential to its legitimacy. Seeing family members attend this historic hearing after years of impunity is powerful. It takes real courage to be here.”
Standing up for justice despite threats
Sheera Escudero’s brother, Ephraim, was killed during the anti-drug campaign. She showed DW a photo of her brother, whose body was found on the street with his head wrapped in packing tape.
Escudero has endured trolling and threats, including an AI-manufactured video of Ephraim saying he was alive and accusing her of lying. “Now I’m getting messages saying I will be next, like my brother,” she said.
Nymia Pimentel-Simbulan, chairperson of Philippine Alliance of Human Rights Advocates (PAHRA), has been working with family members like Garganta and Escudero since the beginning of the drug war. She said many have transformed from victim to advocate, countering disinformation about the drug war.
Frequently Asked Questions
What charges does Duterte face?
Duterte faces three counts of crimes against humanity for murder, tied to thousands of alleged extrajudicial killings carried out during his anti-drug campaign as mayor of Davao City and later as president of the Philippines.
How long will the ICC judges deliberate?
ICC judges will have up to 60 days to decide whether prosecutors have shown “substantial grounds” to move the case to a full trial.
What is the significance of victim participation in these hearings?
The ICC has authorized 539 witnesses to participate, marking a first in international criminal law, and is intended to give a voice to those affected by the alleged crimes.
What role do you believe international courts should play in addressing alleged human rights violations within sovereign nations?
