Case Explained: Duterte | International Criminal Court – Legal Perspective

On 10 February 2025, the Office of the Prosecutor of the ICC applied for an arrest warrant against Mr Duterte for the crimes against humanity of murder, torture and rape. ICC Pre-Trial Chamber I (“the Chamber”) assessed the material submitted by the Prosecution and found reasonable grounds to believe that Mr Duterte is individually responsible as an indirect co-perpetrator for the crime against humanity of murder, allegedly committed in the Philippines between 1 November 2011 and 16 March 2019.

The warrant of arrest against Mr Duterte was issued by the Chamber as “Secret” on 7 March 2025 and reclassified as “Public” on 11 March 2025. On 12 March 2025, Mr Duterte was surrendered to the International Criminal Court after being arrested by the authorities of the Republic of the Philippines in accordance with the warrant of arrest.

The initial appearance of Mr Duterte took place on 14 March 2025. Mr Duterte appeared in the hearing via video link, as authorised by the Chamber. On 8 September 2025, Pre-Trial Chamber I postponed  the commencement of the confirmation hearing in the case, which had been initially scheduled to start on 23 September 2025.

Following a request from the Defence of Mr Duterte for an indefinite adjournment of the proceedings alleging that Mr Duterte is not fit to stand trial, the majority of the Chamber considered that a limited postponement of the hearing on the confirmation of charges was warranted to allow sufficient time to adjudicate the request and related matters.

On 26 January 2026, Pre-Trial Chamber I found Mr Rodrigo Roa Duterte fit to take part in the pre-trial proceedings and rejected the Defence’s request for an indefinite adjournment. Having regard to the relevant legal principles, the medical assessment of a panel of three independent medical experts and all of the relevant circumstances of the case, the Chamber was satisfied that Mr Duterte is able effectively to exercise his procedural rights and is therefore fit to take part in the pre-trial proceedings, which are thereby resumed.

The confirmation of charges hearing took place from 23 to 27 February 2026. After hearing the oral submissions of the Prosecutor, the Common Legal Representatives of the Victims and the Defence, the judges heard their respective closing statements. The hearing on the confirmation of charges took place in the absence of the suspect following the Chamber granting Mr Duterte’s request to waive his right to attend the hearing.

Next steps: The purpose of the confirmation of charges procedure is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed the crimes he or she is suspected of. If the charges are confirmed, totally or partly, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial. The Chamber will issue its decision on the confirmation of charges within 60 days after the confirmation hearing