What happens next after Rodrigo Duterte's confirmation of charges hearing?
The International Criminal Court has wrapped up its confirmation of charges hearing for Rodrigo Duterte. What's next?
The four-day proceedings, which took place from Feb. 23-27 at The Hague, served as the mandatory confirmation of charges phase for the former president's crimes against humanity case linked to his bloody war on drugs.
During this period, the court did not make a final verdict of guilt or innocence. According to the ICC, the purpose of the hearing was to determine whether there is enough evidence to establish substantial grounds to believe that Duterte committed each of the crimes charged by the Office of the Prosecutor.
Now that this pre-trial stage has wrapped up, what happens next?
What happens next?
Since the ICC’s Pre-Trial Chamber does not rule during the confirmation of charges hearing, it will instead issue a written decision within 60 calendar days after the proceedings conclude.
Any appeal is not automatic, as both the defense and prosecution must first seek authorization from the chamber.
Possible outcomes
Following the proceedings, the chamber may:
- confirm charges backed by sufficient evidence and commit Duterte to trial;
- decline to confirm charges it finds unsupported and terminate the case; or
- adjourn the process to request additional evidence, further investigation, or amendments to the charges.
If the charges are confirmed...
If the chamber determines that there is enough evidence against Duterte, the case will move to trial.
The Court’s Presidency will then form a Trial Chamber composed of three judges who were not part of the pre-trial panel to oversee the next stage of proceedings.
Once established, the Trial Chamber will convene status conferences and consult with the parties to set a trial date and lay down procedures to ensure a fair and efficient process. It will also decide on preliminary issues, including the language to be used, the schedule, and the manner for disclosing evidence.
If the charges are not confirmed....
On the other hand, if the Pre-Trial Chamber finds the evidence against Duterte insufficient, it will halt the proceedings, with the ICC judges issuing instructions on any next steps in due course.
That said, this ruling does not bar the prosecution from submitting a new request for confirmation of charges based on additional evidence.
Duterte's ICC case
Duterte has been at the ICC since March 12, 2025, following his arrest at Ninoy Aquino International Airport.
He is facing charges for crimes against humanity, specifically two counts of murder and one count of murder and attempted murder that were allegedly committed between 2013 and June 2016, and between July 2016 and September 2018 in relation to his war on drugs campaign in the Philippines.
His camp has made appeals for interim release, but The Hague tribunal has rejected them as he "continues to pose a flight risk."
A survey by research firm WR Numero revealed that 44% of 1,412 Filipinos believe that Duterte should stay in The Hague and continue to stand trial at the ICC, while 33% disagree with it.
The former president requested not to attend the confirmation of charges hearing because of his non-recognition of the ICC’s jurisdiction over him.
He also denied the crimes he's accused of. "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.
Duterte asserted that he is "old, tired, and frail," and would not want to attend legal proceedings that he would only "forget within minutes."
"I wish for this Court to respect my peace inside the cell it has placed me. I have accepted the fact that I could die in prison. But those that desire this fate for me should know that my heart and soul will always remain in the Philippines," he said.