ICC concludes Duterte's confirmation of charges hearing
The International Criminal Court has concluded the confirmation of charges hearing in the case of former president Rodrigo Duterte linked to his bloody war on drugs.
The last day of the pre-trial hearing took place on Friday, Feb. 27 before the ICC's Pre-Trial Chamber I with presiding judge Iulia Antoanella Motoc as well as judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera.
In his closing statement, Duterte's defense lawyer Nicholas Kaufman maintained that his client is innocent, telling the judges: "I ask you to let Rodrigo Duterte return to the Philippines—not to govern, but simply to let him live out the rest of his days in peace in his humble dwelling in Davao."
ICC prosecutor Julian Nicholls, however, stressed that Duterte "must answer for the dead."
"The victims demand it. Justice demands it. And for purposes of the confirmation, the evidence demands it," he added.
Gilbert Andres, counsel for the victims' families, said that the latter remain “in the shadows of fake news, of fear, and of threats” from Duterte supporters.
"The victims want these charges to be confirmed because they want to be reintegrated into their communities," he said. "Because they are still in the shadows of fake news, of fear, and of threats from Mr. Duterte's supporters."
What's next?
According to the ICC, the judges will begin their deliberations, and a written decision is expected within 60 days.
The court said that the Pre-Trial Chamber may then:
- "confirm those charges for which the Chamber has determined that there is sufficient evidence, and commit the suspect to trial before a Trial Chamber;
- decline to confirm those charges for which it has determined that there is insufficient evidence and stop the proceedings against Duterte;
- 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."
Per the ICC, the defense and prosecutor won't be allowed to appeal the decision directly, though they can request authorization from the Pre-Trial Chamber to do so.
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.
Duterte's confirmation of charges hearing is taking place from Feb. 23-27. In the proceedings, judges will see whether it should be turned into a full trial—a decision that could take up to 60 days.
The former president requested not to attend the 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.
