Duterte's murder charges have been confirmed by ICC. What happens next?

On April 23, pre-trial judges at the International Criminal Court unanimously confirmed all three counts of murder lodged against former president Rodrigo Duterte as crimes against humanity. 

According to the ICC, crimes against humanity constitute "serious violations committed as part of a large-scale attack against any civilian population."

By confirming the charges, ICC has effectively "committed [Duterte] to trial," said the judges in a statement released after the session. The day before, the pre-trial court dismissed Duterte's defense team jurisdiction argument.

The ICC website says that the Pre-Trial Chamber's decision is not automatically open for appeal. If the defense wishes to make one, however, they are allowed to request authorization from the chamber.

What's next

Now that Duterte's trial has been given the green light, his case will be transferred to an ICC Trial Chamber. The ICC presidency will determine which judges will constitute the chamber. 

Soon after it is formed, the Trial Chamber will hold status conferences with the prosecution and defense teams.

Among the details to be ironed out with the case participants is the date for the commencement of the trial. From the conferences, the chamber will also determine which procedures will allow a fair and efficient trial. Additionally, the chamber will decide on the timing and manner of disclosure of evidence. 

Article 63 of the Rome Statute dictates accused persons have to be present in the courtroom during their trial.  

Duterte previously waived his right to attend his confirmation of charges hearing in February. Duterte was also absent from the pre-trial court hearing on April 22 for the defense's appeal on jurisdiction.  

The last time Duterte was seen in the ICC Pre-Trial Chamber was on March 14, 2025, two days after he was arrested at the Ninoy Aquino International Airport. He appeared via video link from his detention cell at The Hague. 

Duterte's rights

As in all courtrooms, ICC assures that "suspects are presumed innocent, unless proven guilty." Accused individuals in ICC trial chambers "have a right to a public, fair and impartial hearing of their case."

In addition, the ICC extends several other rights to suspects undergoing trial, including:

• Using a language they understand and speak
• Being defended by a lawyer of their choice
• Presenting evidence and calling witnesses
• Being informed of the charges against them
• Having enough time and access to facilities to prepare their defense
• Remaining silent
• Not being compelled to testify or admit guilt
• Being informed by the prosecution about incriminating and potentially exonerating evidence

The prosecution's task during the trial is to prove the suspect's guilt beyond reasonable doubt. ICC judges have authorized 539 victims of Duterte's drug war to participate in proceedings.