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In the video, ICC Prosecutor Karim Khan was talking about the presumption of innocence given to ICC defendants as a right, not any finding of innocence on Duterte’s part by the ICC
Claim: International Criminal Court (ICC) Prosecutor Karim Khan said in a video statement that former president Rodrigo Duterte is innocent of the crimes against humanity charge.
Rating: FALSE
Why we fact-checked this: The claim can be found in a Facebook video posted on March 15 in the Facebook group “Protect Vice President Sara Duterte.”
The video shows Khan issuing a statement on March 13 regarding the March 11 arrest of Duterte over a warrant issued by the ICC. Text superimposed on the video reads: “Heto na ICC na nagsabi na inosente si Tatay Digong” (ICC itself is saying that Tatay Digong is innocent).
As of writing, the post already has 83 reactions, 10 comments, and 27 shares.
The facts: The video was taken out of context to falsely claim that Duterte was not found guilty of the charges against him.
Khan was talking about the presumption of innocence granted as a right to all defendants, including Duterte. The full quote starts at the 1:48 timestamp of his video statement: “It’s important to underline as we now start a new stage of proceedings that Mr. Duterte is presumed innocent. He will make his initial appearance before the Court soon.”
The presumption of innocence is part of the Rome Statute, the treaty that established the ICC. Article 66 states: “Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.”
The same presumption of innocence is part of the Bill of Rights of the 1987 Philippine Constitution, in Article III, Section 14 (2): “In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved….”
Full text of Article III, Section 14 (2) of the 1987 Philippine ConstitutionKhan was not talking about any ruling already made by the ICC on the innocence or guilt of Duterte regarding the charges against him, as any such ruling would have to be determined by the ICC following a trial, which has not yet taken place.
Duterte and the ICC: Duterte has already made his initial appearance before the ICC on March 14. There, Duterte confirmed his identity and his awareness of the charges against him, with former executive secretary Salvador Medialdea as his counsel. His next hearing, for the confirmation of charges, will be on September 23, 2025. (LIVE UPDATES: Rodrigo Duterte arrested over ICC case)
Previous related fact-checks: Rappler has previously debunked claims related to the ICC. Following Duterte’s arrest, several such false claims have circulated on social media:
- FACT CHECK: Contrary to claims, ICC retains jurisdiction over PH drug war cases
- FACT CHECK: Contrary to claim, news report did not state ICC dismissal of Duterte case
- FACT CHECK: Liza Marcos not detained in US, no exchange deal for Duterte release
- FACT CHECK: ‘Duterte’ chants in video are manipulated, not taken in Netherlands
- FACT CHECK: Quote cards of Trump’s statements on Duterte arrest are fake
- FACT CHECK: Vice Ganda quote card on Duterte drug war, pandemic response is fake
Some of these false claims, including the second in the above list, were also posted in the Facebook group “Protect Vice President Sara Duterte.” – Percival Bueser/ Rappler.com
Percival Bueser is a graduate of Rappler’s fact-checking mentorship program. This fact check was reviewed by a member of Rappler’s research team and a senior editor. Learn more about Rappler’s fact-checking mentorship program here.
Keep us aware of suspicious Facebook pages, groups, accounts, websites, articles, or photos in your network by contacting us at factcheck@rappler.com. Let us battle disinformation one Fact Check at a time.
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