Duterte drug war trial a ‘huge step,’ say families at ICC

For four days, Grace Garganta sat inside the public gallery of the International Criminal Court in The Hague. She listened as ICC prosecutors read aloud the words of former Philippine President Rodrigo Duterte, who is standing trial accused of unleashing a “drug war” in the Philippines that killed thousands, including Garganta’s brother and father. 

At times, Garganta sat silently with the other family members of victims.

Tears streamed down her face as lawyers recounted harrowing details of police clampdowns 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 reported extrajudicial killings carried out during his anti-drug campaign as mayor of Davao City and later as president of the Philippines.

As the pretrial 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.

Nearly a decade later, she traveled to The Hague in September, when the confirmation hearing was originally scheduled, but was then 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 felt not only hope but also another emotion that has escaped her for so long: 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. Wearing caps, sweatshirts and face stickers emblazoned with “Bring Him Home,” they called for Duterte’s release.

They echo Duterte’s legal counsel, calling for an interim release of the 80-year-old former president. The ICC rejected this bid, ordering that Duterte remain in ICC custody while awaiting trial.

Some, like Magdalena Huelgo, a nurse based in Northern Ireland, took time off work to travel 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, choosing to spend their final days ashore at the court in support of their former president before shipping out.

“President Duterte did so much for us migrant workers, like when he stood up to Middle East countries over mistreatment,” Marlon Galola, a seafarer of 20 years, told DW. “No other president did that for us.”

While acknowledging the pain of victims’ families, supporters insist that Duterte acted in what they believed were the country’s interests.

Victims’ participation marks a historic first

The ICC has authorized 539 victims 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.

The mode of their participation is still being finalized, but Maillet explained that the victims will include not only family members of victims but also experts who can provide insight into the case.

“For a court that sits far from the communities most affected, meaningful participation is essential to its legitimacy,” Danya Chaikel, representative of the International Federation for Human Rights (FIDH) to the ICC, told DW.

“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 knows that courage well. Her brother, Ephraim, was killed during the anti-drug campaign. She showed DW a photo of her brother on her phone. His body was found on the street, his head wrapped in packing tape.

In the lead-up to the hearings, Escudero has endured trolling and escalating 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 told DW about how many of the people she works with have transformed from victim to advocate. 

“Their presence here counters the disinformation about the drug war. It shows that they cannot be intimidated, but we must ensure their safety,” she said, “especially when they return to the Philippines.”

Edited by: Ole Tangen Jr