Former Executive Secretary Salvador Medialdea stands as a legal counsel for former President Rodrigo Duterte during his initial appearance before the Pre-Trial Chamber I of the International Criminal Court, March 14, 2025. ICC 

• MANILA — The International Criminal Court prosecutor has the option to pursue more charges against former President Rodrigo Duterte for his war on drugs, the tribunal’s spokesman said.
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ICC spokesman Fadi El Abdallah noted that prosecutors initially sought three charges against Duterte: murder, torture, and rape as crimes against humanity. But a three-judge ICC chamber only issued a warrant against him for murder.

“Whether the prosecutor wants to request again, present additional evidence or request other charges, it will have to be presented to the judges, and then the judges will decide on that,” Abdallah told TeleRadyo Serbisyo on Tuesday.  

Duterte was arrested on March 11 and whisked away the same day to the Netherlands-based tribunal.

He faces ICC charges of 43 murders as a crime against humanity.

But Gilbert Andres, who represents victims at the ICC, said this number was just "emblematic" and many more families were expected to come forward.

Duterte victims seeking 'truth and justice', lawyer says

He added that victims were hoping the prosecutor would add more charges to the accusations.

"There were numerous and massive instances of arbitrary detention that occurred side-by-side with the murders of their relatives," said the lawyer.

"There are specific instances of arbitrary detention and the victims hope that it will also be included in the document containing charges," he told AFP.

ICC releases proposed application process for victims to participate in Duterte case

The lawyer representing Duterte, Nicholas Kaufman, has told AFP in an interview he sees "compelling" reasons for the ICC to throw the case out because it lacks jurisdiction.

Duterte removed the Philippines from the ICC in 2019 and his supporters insist the court therefore has no power over the former president and he should be released.

But Andres said previous jurisprudence from the ICC showed the court did have the jurisdiction in this case.

"I think there's strong case law as well as a statutory basis... for the ICC to still exercise jurisdiction," he said.

Duterte lawyer insists no ICC jurisdiction; ICC says crimes while PH was state party

He said victims' testimony would show the world the ongoing impact of Duterte's campaign.

"In fact, our position is that it's not really a war on drugs, it's a war against the poor," he said.

"The murdered breadwinners such as the fathers, the brothers, sisters, mothers, actually (this) is still affecting their socio-economic status now."

Duterte faces a 6-month wait inside the United Nations' Scheveningen prison before his next scheduled court appearance on September 23.

The court session will confirm the charges against the ex-president and allow him to contest the allegations.

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