What happens after Duterte’s confirmation of charges at the ICC?

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February 26, 2026 | 10:59am

MANILA, Philippines — The confirmation of charges against former president Rodrigo Duterte at the International Criminal Court (ICC) is at its halfway point, with the hearing set to conclude on February 27.

So, what happens after?

To be clear, the confirmation of charges is not a trial—there is no verdict yet on whether or not Duterte is guilty of crimes against humanity or murder. The ICC is only determining if there is enough evidence against Duterte to proceed to trial.

The trial will have three possible outcomes.

Charges are confirmed

The first is whether the charges against Duterte are confirmed to have enough evidence to proceed to trial before the ICC Chamber.

The ICC will then determine a new set of judges to hold Duterte’s trial. The trial chamber will be composed of judges other than the three who sat on the pre-trial bench.

The trial chamber will decide the dates and procedures of the proceedings.

The ICC prosecution must prove, “beyond reasonable doubt,” that Duterte is guilty.

If Duterte is convicted, he could be sentenced to up to 30 years.

However, in more exceptional cases, a person could receive a life sentence.

The ICC chamber could also order reparations for the victims.

However, if there is insufficient evidence during the trial stage, the case will be dismissed and Duterte will be released.

Both guilty and not guilty verdicts can be appealed by either the defense or the prosecutor.

The appeal will be brought before the appeals chamber, which is composed of different judges from those who rendered the initial verdict.

The appeals chamber may either uphold the decision or reverse it, rendering a final decision. However, it can also order a retrial before the trial chamber.

But if Duterte is convicted, where would he stay?

Duterte is unlikely to stay in the ICC’s detention center in The Hague. He would serve his sentence in a treaty partner country that has agreed to enforce ICC sentences.

Charges are not confirmed

If the evidence presented by the prosecution is deemed insufficient, the proceedings will cease.

However, the charges not being confirmed does not mean that the case against Duterte is over.

The ICC prosecution can still request a new confirmation of charges if they have additional evidence.

Further evidence required

The third possible outcome is if the ICC pre-trial judges determine that further evidence is needed. They may ask the prosecutor to conduct additional investigations or amend the charges based on the evidence already submitted.

Regardless of the outcome of Duterte’s confirmation of charges hearing, it does not mean the ICC proceedings are automatically concluded.