Duterte's ICC trial to start Nov. 30
Former president Rodrigo Duterte will face a crimes against humanity trial at the International Criminal Court from Nov. 30, the presiding judge said.
Duterte faces three counts of crimes against humanity, with prosecutors alleging his involvement in at least 76 murders between 2013 and 2018 during his so-called "war on drugs."
The 81-year-old will be the first Asian former head of state to face trial at the ICC, which prosecutes individuals for the world's worst crimes such as war crimes and crimes against humanity.
Prosecutors had sought the Nov. 30 start and they expect to call between 60 and 70 witnesses during the trial.
"I am prepared to accede to the prosecution's request" said presiding judge Joanna Korner. She did however order a further assessment of Duterte's fitness to stand trial before proceedings begin.
The defence, led by British barrister Peter Haynes after a reshuffle, had urged judges not to set a date for trial, arguing that Duterte's health needed to be assessed.
"It would be inappropriate to attempt to set a date... the defence position is that a commencement is contingent upon a determination... of Duterte's fitness to stand trial," the defense said.
Duterte was cleared fit for an earlier hearing that confirmed the charges against him, but he did not appear in person, his defence team saying he was not mentally sharp enough to follow proceedings.
"His condition continues to deteriorate and will need more fully to be reviewed before any trial may commence," argued the defence.
'Death squad'
During February "confirmation of charges" hearings, the prosecution alleged Duterte killed thousands of suspected drug pushers and users, first as mayor of Davao City, then as president.
"Decades of murdering his own people, murdering the children of the Philippines, and he claims that he did it all for his country. He doesn't deny it," said Julian Nicholls, summing up for the prosecution after the hearings.
"He ran a death squad in Davao (city) that he created. He ran it for over 20 years before he became president. His promise was to kill thousands and he did."
The true number of killings during his campaign in the Philippines is thought to be in the thousands, and lawyers for the victims have argued that a full trial could encourage more families to come forward.
The case comes with the ICC facing intense political pressure, including two rounds of US sanctions imposed since June 2025.
The Philippines left the ICC in 2019, on Duterte's instructions, but the court has ruled that it still has jurisdiction over alleged crimes committed there between 2011 and 2019.
Duterte "absolutely" maintains his innocence, his former defense lawyer Nicolas Kaufman told the court in February.
Kaufman told ICC judges the evidence against Duterte was "wholly insufficient" and the charges "grievously misplaced and politically motivated".
He argued that while Duterte used "bluster and hyperbole" in his speeches, he also frequently ordered authorities only to shoot in self-defense.
What's next?
An ICC Trial Chamber is holding 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 that 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. (with reports from Cecile Baltasar)
