A man holds a portrait of former Philippines president Rodrigo Duterte in front of the International Criminal Court (ICC) where he will be appearing, in The Hague on March 14, 2025. Nicolas Tucat, AFP/File
MANILA — Former President Rodrigo Duterte will face a crucial pre-trial stage at the International Criminal Court on Monday, as judges open the confirmation of charges in the investigation into killings linked to his “war on drugs.”
The hearing, scheduled over four days from February 23 to 27, will determine whether prosecutors have presented enough evidence for the case to proceed to trial.
Who’s who in Duterte’s confirmation of charges hearing
At this stage, the Pre-Trial Chamber I will assess whether there are “substantial grounds” to believe the suspect committed the crimes alleged.
“This hearing is not a trial… the judges will not decide on Mr. Duterte’s innocence or guilt,” ICC spokesperson Oriane Maillet Huber said.
No ruling will be issued during the hearing itself. After proceedings conclude, judges have up to 60 calendar days to review submissions and render a decision, though ICC officials note decisions have sometimes come earlier.
CRIMES AGAINST HUMANITY ALLEGATIONS
Duterte is suspected of crimes against humanity of murder and attempted murder, allegedly committed in the Philippines between November 1, 2011 and March 16, 2019, in connection with the anti-drug campaign.
The ICC investigation covers both Duterte’s time in local office in Davao and his presidency, with prosecutors alleging a pattern of killings that expanded from the so-called “Davao model” to the national level.
The court has cited three counts of crimes against humanity, including incidents in Davao City and killings linked to police operations nationwide.
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Although the Philippines is no longer a state party to the Rome Statute, the ICC maintains jurisdiction over crimes allegedly committed during the period when the country was a member.
A defense challenge to the Court’s jurisdiction remains pending on appeal.
ICC practice suggests such decisions are issued publicly and scheduled in advance. In a previous ruling on Duterte’s interim release, the Appeals Chamber gave parties one week’s notice before promulgating its decision.
Confirmation proceedings meanwhile will be handled by the three judges of Pre-Trial Chamber I: Presiding Judge Iulia Antoanella Motoc, Judge Reine Alapini-Gansou and Judge María del Socorro Flores Liera.
DUTERTE WAIVER
In a January 27 order, ICC judges approved special medical accommodations for Duterte and imposed strict limits on the daily schedule to reduce strain.
Hearings are set for February 23 (Monday), February 24 (Tuesday), February 26 (Thursday) and February 27 (Friday). There will be no session on February 25 (Wednesday).
Each hearing day will also be capped at three hours, broken into three one-hour sessions with mandatory breaks:
- Session 1: 10:00–11:00
- Session 2: 11:30–12:30
- Session 3: 2:00–3:00
However, in a submission dated February 18, Duterte’s defense formally notified the Court of his request to waive his right to attend the confirmation of charges hearing.
According to the Defense, the Pre-Trial Chamber required a written request “personally executed” by Duterte under Rule 124(1) of the Rules of Procedure and Evidence, which reads:
Rule 124
Waiver of the right to be present at the confirmation hearing
1. If the person concerned is available to the Court but wishes to waive the right to be present at the hearing on confirmation of charges, he or she shall submit a written request to the Pre-Trial Chamber, which may then hold consultations with the Prosecutor and the person concerned, assisted or represented by his or her counsel.
The filing cited Duterte’s medical condition and how he is not capable of personally drafting such a waiver, referencing findings by court-appointed neuropsychologists supposedly noting impaired visuo-spatial skills and language fluency. But this was resolved by Duterte dictating his reasoning for requesting a waiver to his legal team.
Attached to the defense submission was a signed waiver statement in which Duterte said he does not wish to attend the proceedings physically nor remotely.
“I, Rodrigo Roa Duterte, wish to waive my right to attend the hearing on the confirmation of charges,” the statement read.
He added that he trusted his lawyers “to challenge the sufficiency of the Prosecution’s evidence” on his behalf.
In the same document, Duterte reiterated that he does not recognize the Court’s jurisdiction over him and denied the allegations against him.
“The claim that I oversaw a policy of extra-judicial killings is an outrageous lie. These claims have been peddled by my political opponents for many years and, as my nation knows, they are based on the word of individuals whose credibility has been thoroughly discredited,” he said.
The Chamber has not yet ruled publicly on the request. But ICC officials say the defense may request remote participation for Duterte up until the beginning of the hearing.
VICTIMS’ PARTICIPATION
One distinctive element of ICC proceedings is the formal participation of victims, separate from the prosecution.
A total of 539 victims will take part through their Common Legal Representatives and Filipino lawyers Joel Butuyan and Gilbert Andres, together with the Principal Counsel of the ICC Office of Public Counsel for Victims (OPCV) Paulina Massidda.
Victims’ counsel will present their views and concerns, though ICC officials emphasized that no witnesses are called at this stage. Witness testimony is reserved for trial if charges are confirmed.
“The prosecution, the defense of the suspect, and the legal representatives of victims will make all statements before the judges,” Maillet Huber said.
The Chamber, however, allocated more time to Duterte’s lawyers, citing the principle of fairness and equality of arms. Judges noted prosecutors have already presented their case in writing, while the hearing will be the defense’s first opportunity to respond orally on the merits.
Time allocations are:
- Prosecution: 2 hours 30 minutes
- Common Legal Representative of Victims (CLRV): 1 hour 30 minutes
- Defense: 3 hours 30 minutes
All parties are also allotted 30 minutes each for opening and closing statements.
The judges may ask questions during the hearing to clarify legal and factual points raised by the parties. Therefore, timetables may still shift depending on the pace of arguments or questioning during the hearing.
THREE POSSIBLE OUTCOMES
Judges may issue one of three rulings after reviewing the evidence. They may:
- Confirm the charges and send the case to trial; or
- Adjourn the hearing and request additional evidence or amended charges; or
- Decline to confirm the charges and terminate proceedings.
Neither side can automatically appeal the outcome because any appeal would require authorization from the Pre-Trial Chamber.
ANNUAL DETENTION REVIEW
The Chamber will also hold the mandatory annual hearing on Duterte’s detention alongside the confirmation proceedings, during the final session on February 27.
Judges will hear oral submissions on whether continued detention remains justified.
The hearing will be streamed with a 30-minute delay on the ICC website and its Facebook and YouTube platforms. Judges may cut audio or video if confidential matters arise.
While the confirmation of charges hearing represents a pivotal moment in the ICC’s Philippines investigation, officials underscored that it remains a preliminary stage.
The question before judges is narrow but consequential: whether the prosecution’s evidence is sufficient to move the case forward and whether Duterte will ultimately stand trial before the international court.