What you need to know about Rodrigo Duterte's ICC confirmation hearing this February
The International Criminal Court released details regarding the confirmation hearing of former president Rodrigo Duterte.
Duterte faces charges for crimes against humanity, specifically murder and attempted murder, linked to his war on drugs from 2011 to 2019. Following a warrant issued in early 2025, he was arrested by Philippine authorities and surrendered to the ICC on March 12.
While his first appearance took place on March 14, 2025, the hearing to confirm charges was delayed after his defense questioned his fitness to stand trial. On Jan. 26, the court ruled that Duterte is fit to proceed, allowing the legal process to resume. However, it later granted a defense request to waive his right to appear.
Here's what you need to know about the confirmation of charges hearing taking place this Feb. 23-27.
What is a confirmation of charges hearing?
The ICC noted that a confirmation of charges hearing is not a trial. It will determine whether there are substantial grounds that an accused committed the crimes charged. If one or more of the charges are confirmed, the case will be transferred to a Trial Chamber for the actual trial, the next phase of the proceedings.
For this trial, the Chamber adopted special adjustments as recommended by the Detention Centre’s Medical Officer and the medical experts' panel to facilitate Duterte’s participation in the pre-trial proceedings. The Registry of the Court will ensure that all relevant recommended measures and adjustments are enforced during the hearings.
When is the hearing?
The judges have limited the number of days of hearings to no more than four, including breaks during the hearings every one hour; and limited the total duration of hearings per day to no more than three hours.
The hearing will take place on Feb. 23, 24, 26, and 27 in ICC Courtroom I. Each day follows a three-session schedule: the first begins at 5 p.m. (Philippine time), followed by sessions at 6:30 p.m. and 9 p.m.
ICC noted that the schedule is subject to change "if warranted by developments in the proceedings, as deemed necessary by the Chamber."
Who will be at the hearing?
The jury that will decide on the proceedings is the Pre-Trial Chamber I, composed of Presiding Judge Iulia Antoanella Motoc and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera.
The Prosecution, the Defence, and legal representatives of the victims will make oral submissions before the judges to present their arguments on the merits.
Where can you watch the hearing?
The hearing can be viewed on the ICC website, ICC Facebook accounts, and the ICC YouTube Channel with a 30-minute delay.
How to join the hearing?
Members of the diplomatic corps and civil society groups can request to join the hearing by sending an email to ICCVisits@icc-cpi.int. Members of the media can also be accredited by emailing PublicAffairs.Unit@icc-cpi.int. Emails must be sent before Feb. 16, and attendees must have a valid passport and a valid ID to show at the court's main entrance.
A limited number of the public can also attend the proceedings on a first-come, first-served basis. They are advised to arrive at least one hour before the hearing.
Filming or photography in the court building is strictly prohibited except in the media area. Rules of decorum can be viewed on the ICC website and must be observed.
Possible outcomes
According to the ICC, it would take 60 days for the judges to decide on the case. It may confirm the charges for those determined to have sufficient evidence and turn the proceeding into a trial before a Chamber, decline to confirm charges with insufficient evidence and halt the proceedings against Duterte, or "adjourn the hearing and request the Prosecutor to provide further evidence, to conduct further investigations or to amend any charge for which the evidence submitted appears to establish a crime other than the one charged was committed."
While the defense and the prosecution teams are not automatically entitled to appeal the decision, they are allowed to request authorization from the Pre-Trial Chamber to do so.
