ICC case vs Duterte: What happens next?

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March 2, 2026 | 12:00am

MANILA, Philippines — The confirmation of charges hearing against former president Rodrigo Duterte wrapped up last Friday with the prosecution, defense and the victims’ representatives all laying down their arguments over the crimes against humanity charges pending before the International Criminal Court.

The ICC Pre-Trial Chamber I – composed of Presiding Judge Iulia Antonella Motoc and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera – have 60 days to issue a written decision on whether the case against Duterte will go to trial.

“If one or more charges are confirmed, the suspect is then considered an accused, and the case is committed for trial before a Trial Chamber,” the ICC said in a briefer about the confirmation hearings.

The judges may also decline to confirm the charges and stop the proceedings against Duterte – meaning he will be released from detention – or adjourn the hearing and request the prosecutor to provide further evidence, conduct further investigations or to amend any charge.

“The purpose of the confirmation of charges hearing is for the judges to determine whether or not there is sufficient evidence to establish substantial grounds to believe that the suspect committed each of the crimes charged,” ICC spokesperson Oriane Maillet said last Friday.

Other pending requests

While it may take up to two months before the release of the decision, several matters remain pending that may soon be resolved by the tribunal.

At the ICC Appeals Chamber, which is composed of a different set of judges, Duterte’s defense team has two pending appeals that are up for resolution.

Perhaps the most consequential is the appeal on the issue of jurisdiction, which challenges the Oct. 23, 2025 decision of the ICC Pre-Trial Chamber I, in which judges decided that the international tribunal retains jurisdiction over alleged crimes against humanity committed in the Philippines from Nov. 1, 2011 to March 17, 2019.

The defense filed its appeal brief on Nov. 14, 2025 with the Appeals Chamber asking the parties to file additional observations on related issues last January. There is no schedule yet as to when the ruling would be made.

The Appeals Chamber has not yet announced the schedule on when it would hand down the decision on the other appeal – this time on Duterte’s detention.

Last Feb. 5, defense lawyer Nicholas Kaufman filed the appeal brief on the Pre-Trial Chamber’s decision on the first review of Duterte’s detention.

The assailed decision found that there were no changes in circumstances that would warrant the former president’s release from the ICC Detention Centre in The Hague.

Meanwhile, before the same pre-trial chamber is a request from Kaufman for leave to file an appeal on its decision regarding the appointment of Filipino lawyers Joel Butuyan and Gilbert Andres as common legal representatives for the victims.