For four days Grace Garganta sat in the public gallery at the International Criminal Court in The Hague as prosecutors read excerpts of former Philippine president Rodrigo Duterte’s speeches and testimony. Duterte is accused of unleashing a deadly “drug war” that prosecutors say led to thousands of extrajudicial killings, including the deaths of Garganta’s father and brother.
Garganta listened as lawyers described police crackdowns and streets strewn with bodies, some found with heads bound in packing tape. At times she sat in silence with other families of victims; at others she fought back tears. She also grew angry as Duterte’s lawyer, Nicholas Kaufman, argued that the former president’s speeches cannot establish criminal intent.
“This 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, linked to thousands of alleged killings carried out while he was mayor of Davao City and later as president. The hearings now conclude the pretrial stage; ICC judges have up to 60 days to decide whether prosecutors have shown “substantial grounds” to send the case to full trial.
Garganta’s father, Marcelo, and brother, Joseph, were killed in 2016. After their deaths she went into hiding, fearing she could be targeted as a witness. She traveled to The Hague when the confirmation hearing was first scheduled in September but that session was postponed at Duterte’s lawyers’ request, who cited his fragile health. Duterte has since waived his right to attend the pretrial hearings in person. Garganta said the hearings brought not only hope but a return of a feeling she had not felt for years: 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.
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 rallied calling for his release. Wearing caps, sweatshirts and face stickers reading “Bring Him Home,” they echoed calls from Duterte’s counsel for interim release of the 80-year-old. The ICC rejected that request and ordered Duterte to remain in custody pending trial.
Some supporters traveled from abroad. Magdalena Huelgo, a nurse living in Northern Ireland, said she came with her husband because she saw “all the good things that the president did” in Davao. A group of Filipino seafarers took leave in Rotterdam to come to the court before shipping out; Marlon Galola, a seafarer of 20 years, praised Duterte for defending migrant workers’ interests abroad.
While they acknowledged victims’ pain, supporters insisted Duterte acted in what they believed to be the nation’s interest.
A notable feature of the proceedings is victim participation. The ICC authorized 539 victims to participate in the confirmation of charges through three appointed lawyers — a step the court described as a historic first in international criminal law. ICC spokesperson Oriane Maillet said enabling victims to have a formal voice in the courtroom is essential. The participants will include family members and experts who can provide insight into the patterns and context of the alleged crimes.
“For a court that sits far from the communities most affected, meaningful participation is essential to its legitimacy,” said Danya Chaikel, representative of the International Federation for Human Rights to the ICC. “Seeing family members attend this historic hearing after years of impunity is powerful. It takes real courage to be here.”
Those who have come to The Hague have faced intimidation. Sheera Escudero, whose brother Ephraim was killed in the campaign and whose body was found with his head wrapped in tape, has endured trolling and threats ahead of the hearings. She showed DW a photo of her brother and described receiving messages telling her she would be next. Escudero also encountered an AI-manufactured video falsely showing her brother alive and accusing her of lying.
Nymia Pimentel-Simbulan, chairperson of the Philippine Alliance of Human Rights Advocates, has worked with families like Garganta’s and Escudero’s since the start of the drug war. She said many relatives have evolved from grieving victims to active advocates. Their presence in The Hague helps counter disinformation, she added, but their safety remains a concern when they return to the Philippines.
Edited by: Ole Tangen Jr