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Facing charges of crimes against humanity, Rodrigo Duterte may have a long wait ahead inside the ICC Detention Center
Supporters of former president Rodrigo Duterte may have to wait quite a while until they get to see him back home in the Philippines.
His arrest and transfer to the International Criminal Court (ICC) on March 11, after all, is just the beginning of a long process. In fact, the next court proceeding — his confirmation of charges — has been scheduled for September 23, 2025.
This means that Duterte will remain in the ICC Detention Center for at least six months until the next step in the process. This translates to at least 189 days. He has already spent six days in detention so far, as of March 18.
Duterte is facing charges of crimes against humanity in relation to his violent war on drugs, his administration’s flagship project that killed at least 6,2000 individuals in police operations alone by May 2022. The number reaches 30,000 to include those killed vigilante-style, as estimated by human rights organizations.
Looking at Duterte’s neighbors time
Rodrigo Duterte’s potential time in ICC detention can be estimated based on historical data from detainees, both past and present.
There are five other individuals currently held at the ICC Detention Center. As of March 18, they have spent anywhere between 1,514 to 2,544 days (four to seven years) in detention.
The longest current “resident” of the court’s facility is former Mali Islamic Police senior member Al Hassan Ag Abdoul Aziz who has been held for seven years. He was transferred to The Hague on March 31, 2018 on charges of crimes against humanity and war crimes. The trial officially opened in July 2020 and he was convicted on June 26, 2024. He remains in The Hague pending his transfer to an ICC member-state where he will serve his sentence.
Mahamat Said Abdel Kani, meanwhile, has spent the relatively shortest time in custody, so far, among those currently detained. He has been inside the detention center for at least 1,514 days or four years in total since his transfer to The Hague on January 24, 2021. The former high-ranking militia commander is facing charges for crimes against humanity and war crimes that happened in the Central African Republic.
Each stage of the ICC proceedings carries its own specific weight. But the time between the confirmation of charges hearings, decision whether to commit the case to trial, and the actual start of the trial itself is what the public needs to watch out for in relation to Duterte. This period is often marked by legal motions and procedural challenges, among others.
The length of this period varies significantly among those currently detained. Al Hassan Ag Abdoul Aziz, for example, spent 372 days (a little over a year) between his charges hearing and the start of trial, while Ali Muhammad Ali Abd-Al-Rahman moved through this phase in just 316 days (10 months). Alfred Yekatom and Patrice-Edouard Ngaïssona waited much longer — 516 days (almost 17 months) — before their trials began.
Duterte’s confirmation of charges is set for September 23, 2025. Historical patterns suggest that if his case follows similar timelines, and if the judges decide to commit the case to trial, then he may face a wait of 10 months to over a year before trial proceedings begin right after the chamber’s decision.
Time before conviction
The ICC has convicted 11 individuals so far. Data show that each had anywhere from three to seven years in court custody before a verdict was released.
Among the convictions so far, Germain Katanga, Bosco Ntaganda, and Al Hassan Ag Abdoul Aziz had the longest wait with over six years before a decision was made. In contrast, Ahmad Al Faqi Al Mahdi only had to wait 367 days (one year) between his surrender to the ICC and conviction.
The proceedings against Duterte and his crimes against humanity charges remain in their earliest stages. The length of time of his detention will depend on the strength of the prosecution, the complexity of his trial, and potential legal delays. But if his situation follows the pattern of past cases, and if a trial proceeds, Duterte could face a significant number of years in The Hague before a decision is released.
If found guilty, Duterte could also face extended detention while awaiting sentencing and a possible transfer to an ICC member state to serve his prison term. However, time spent in detention before the verdict is typically deducted from the final sentence.
SUPPORTERS. Cebuano supporters of former president Rodrigo Duterte display their placards and banners during the Cebu Unity Walk in Cebu City on March 15, 2025. Jacqueline Hernandez/RapplerCan Duterte’s time be cut short?
Duterte’s time inside the detention center can be cut short by various reasons, according to Joel Butuyan, an ICC-accredited counsel representing victims of the drug war.
Between now and September, the judges can approve the former president’s interim release or even rule on his camp’s challenge against the ICC’s jurisdiction. The ICC is yet to allow an interim release of someone faced with crimes against humanity. Health and age are also not strong humanitarian grounds for release, since The Hague provides advanced medical facilities capable of addressing the needs of detained suspects. The ICC ensures that detainees receive proper healthcare.
The judges can also decide not to commit the case to trial after the confirmation of charges hearing in September, or acquit Duterte altogether.
“Judges will have to decide on many issues between now and the date of a confirmation of charges,” ICC spokesperson Fadi El-Abdallah said. “We can’t speculate about specific issues, should there be requests, the judges will decide on them.”
There are countless possibilities and moving parts in the saga of the quest for justice. But for now, Duterte will spend more time in detention, away from a country, parts of which he turned into a killing field. – Rappler.com
