Judges of the International Criminal Court (ICC) will issue a written decision within 60 days on whether to confirm charges against former Philippine president Rodrigo Duterte, following four days of hearings before Pre-Trial Chamber I.
The panel may confirm the charges and commit Duterte to trial, decline to confirm them and stop the proceedings, or adjourn the hearing and request additional evidence.
The confirmation hearing, which concluded on February 27, examined whether there are substantial grounds to believe Duterte committed crimes against humanity in connection with the country’s anti-drug campaign between 2011 and 2019.
JURISDICTION DEBATE
The ICC Office of the Prosecutor said it can no longer investigate any “killings” committed under the current Marcos administration following Duterte’s withdrawal from the Rome Statute.
Senior Trial Lawyer Julian Nicholls made the statement after Duterte’s counsel, Nicholas Kaufman, suggested that the ICC should also look into the “Marcos regime.”
“I’m forced to ask myself whether anyone on the other side of the room has thought of investigating the Marcos regime and the related phenomenon and holding someone accountable,” Kaufman said during the last day of the confirmation of charges hearing.
Nicholls responded that Duterte himself foreclosed that possibility. “Well, his client prevented all that by withdrawing the Philippines from the Rome Statute when he thought he might be prosecuted thereby ensuring that we will not have jurisdiction after a certain period,” he said.
DUTERTE’S ABSENCE
Nicholls also moved to strike statements Kaufman attributed to Duterte during the defense’s closing argument, particularly remarks about the former president’s decision not to attend the hearing.
“My friend can’t testify for his client or make a speech for his client. That’s governed by Article 67(H). If he wanted to come here, he didn’t want to come here. He could have come here and talked about whatever he wanted to, but he chose not to,” Nicholls said.
“If Mr. Duterte wants to speak to the Court and speak to the Gallery, he should come here, request to make an unsworn statement. He shouldn’t do that through his counsel,” he added.
Kaufman countered that his remarks did not amount to testimony. “I say to Mr. Nicholls that this was not testimony. It was purely an explanation for him not coming to the hearing. He has the maximum respect, obviously, for Your Honors,” he said.
In his closing statement, Kaufman said Duterte had already concluded that he “has now accepted his fate and realized he could die in prison.”
The hearing was held in absentia after the Chamber granted Duterte’s request to waive his right to be present.
VICTIMS’ APPEAL
Representing 497 participating victims, Filipino lawyer Gilbert Andres urged the judges to confirm all charges and commit Duterte to trial.
“The Victims submit that the Prosecution presented sufficient evidence to establish substantial grounds to believe that Mr. Rodrigo Roa Duterte committed each of the crimes charged. Consequently, all charges should be confirmed, and Mr. Rodrigo Roa Duterte committed to trial,” Andres said.
According to him, victims want the charges confirmed so they can “be reintegrated to their communities” and step out from “the shadows of fake news, of fear and of threats from Mr. Duterte’s supporters.”
“Because in the end, Your Honors, the victims, they’re also created in the image of God and they also believe that the God of the universe is the God of justice,” Andres added.
Duterte is suspected of crimes against humanity, including murder and attempted murder, allegedly committed between Nov. 1, 2011, and March 16, 2019, in connection with the anti-drug campaign.
He was arrested in the Philippines and surrendered to the ICC in March 2025, with his initial appearance held on March 14, 2025. The confirmation hearing, which began on Feb. 23, determines whether there are “substantial grounds to believe” that the accused committed the crimes charged — a threshold required before a full trial may proceed. (Argyll Geducos)
