FACT CHECK: Duterte’s ICC case not dismissed; claim of insufficient evidence is false

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Duterte’s case is ongoing, with the confirmation of charges hearing set on February 23; contrary to the claim, the ICC has not stated that there is no evidence against Duterte

Claim: The International Criminal Court (ICC) has dismissed the crimes against humanity case against former president Rodrigo Duterte due to a lack of evidence against him.

Rating: FALSE 

Why we fact-checked this: The post has already received 7,100 reactions, 2,300 comments, and 435 shares as of writing. It was posted on January 20, five days after the ICC renewed its call for direct witnesses who can provide testimonies and information about the war on drugs. 

The post shows a composite photo of Duterte and the ICC judges. The text on the photo reads, “ICC judges walang makitang [ebidensya] na maiugnay [kay] PRRD.”

 (ICC judges find no evidence linking [President Rodrigo Roa Duterte] to the alleged crimes.)

“Duterte case dismissed,” it added. 

Many Facebook users in the comment section believed the claim, with one expressing relief at the supposed news and “welcoming” the former president back home.

The facts: The ICC did not dismiss the crimes against humanity case against Duterte. The case is currently ongoing, with the confirmation of charges hearing set to be held on February 23. (READ: Duterte at the ICC: Key dates to remember)

Following medical assessments by independent experts, the ICC pre-trial chamber ruled on January 26 that Duterte is “able effectively to exercise his procedural rights and is therefore fit to take part in the pre-trial proceedings.”

The ruling cleared the way for the confirmation of charges hearing, which had been postponed after Duterte’s lawyers claimed the former president was unfit for trial due to his “deteriorating cognitive condition.”

Evidence exists: Contrary to the claim, there are also no announcements from the ICC stating that there is a lack of evidence in the case against Duterte. 

In fact, the ICC prosecution has disclosed over 1,303 pieces of evidence against Duterte based on a document dated December 24, 2025. The bulk of the evidence, 906, was classified as INCRIM or incriminating evidence, which includes murders during barangay clearance operations and the killings of high-value targets under Duterte’s term as president.

The misleading post misinterprets the ICC’s renewed call for direct witnesses to the drug war. It does not mean that there are no pieces of evidence and witnesses who can testify against Duterte. According to ICC-accredited assistant to counsel Kristina Conti, the call for additional witnesses is part of the court’s investigative process. 

ICC case: Duterte is currently detained in the ICC facility in The Hague, Netherlands. He was arrested on March 11, 2025, to face charges of crimes against humanity for his administration’s war on drugs. 

The campaign against illegal drugs was associated with extrajudicial killings, where over 30,000 individuals — including children — were killed, according to human rights watchdogs. 

Previous fact checks: Rappler has previously debunked similar claims about Duterte’s ICC case: 

• FACT CHECK: Duterte did not leave ICC detention for one hour; photo is AI-generated 
• FACT CHECK: ICC prosecution has evidence related to Duterte drug war case 
• FACT CHECK: Supreme Court did not dismiss Duterte’s ICC case 
• FACT CHECK: ICC did not authorize Duterte’s release, quote card is fake 
• FACT CHECK: 2023 ICC ruling misrepresented as dismissal of Duterte’s drug war case 
• FACT CHECK: Duterte not found unconscious in ICC detention center 

– Angelee Kaye Abelinde/Rappler.com 

Angelee Kaye Abelinde is a student journalist based in Naga City, and an alumna of Rappler’s Aries Rufo Journalism Fellowship 2024. 

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