Former president Rodrigo Duterte made his first appearance before the International Criminal Court (ICC) on March 14, 2025. Now, he faces months of legal proceedings leading up to a pivotal moment on September 23, 2025, the confirmation of charges hearing. This crucial stage will determine whether Duterte will stand trial for alleged crimes against humanity related to his violent war on drugs.
Understanding the ICC process and the Rome Statute
The ICC operates under the Rome Statute, a treaty that established the court in 2002 to prosecute individuals for genocide, war crimes, crimes against humanity, and crimes of aggression. Although the Philippines withdrew from the Rome Statute in 2019 under Duterte’s presidency, the ICC retains jurisdiction over crimes committed while the country was still a member (from 2011 to 2019).
The ICC follows a multi-stage legal process:
1. Preliminary Examination – The Prosecutor assesses whether the alleged crimes fall under the ICC’s jurisdiction.
2. Investigation – If warranted, a full investigation is launched, gathering evidence and identifying suspects.
3. Pre-Trial Stage – Judges review the prosecution’s evidence in a confirmation of charges hearing to determine if the case should proceed to trial.
4. Trial Stage – If the charges are confirmed, the case moves to trial, where the prosecution and defense present arguments and evidence.
5. Appeals Stage – If convicted, the accused can appeal the verdict and sentence.
6. Enforcement of Sentence – If all appeals are exhausted, the convicted individual serves their sentence.
The road to September
The confirmation of charges hearing on September 23 will be a key step in ICC proceedings. At this hearing, ICC prosecutors will present evidence to a panel of judges, who will assess whether there is sufficient legal and factual basis to proceed to trial. This is not about proving guilt beyond a reasonable doubt but about establishing whether the case meets the ICC’s threshold for prosecution.
During the confirmation of charges hearing, the judges will consider:
- The strength of the prosecution's evidence, including witness testimonies, documents, and forensic reports.
- The defense’s counterarguments, which may challenge the credibility of evidence or question the ICC’s jurisdiction.
- Whether the alleged crimes qualify as crimes against humanity and whether Duterte can be held individually responsible.
The judges will then decide whether to:
- Confirm the charges, leading to a full trial.
- Decline to confirm the charges, which could result in dismissal unless the prosecution presents new evidence.
- Request further evidence or modifications to the charges before making a final decision.
Interim release: A remote possibility?
Under Article 60 of the Rome Statute, Duterte has the right to request interim release while awaiting trial. However, such requests are subject to strict conditions.
When considering interim release, the ICC weighs three key factors:
1. Risk of Flight – The court will assess whether Duterte might attempt to escape jurisdiction. Given his past defiance of the ICC and his threats to evade international legal bodies, this could work against him.
2. Interference with the Proceedings – If there is a risk that Duterte could interfere with witnesses or the investigation, interim release is unlikely.
3. Risk of Committing Further Crimes – The court may deny release if there is a possibility of Duterte continuing policies or actions linked to his alleged crimes.
Unlike in domestic legal systems, the ICC does not grant interim release easily. In high-profile cases, interim release is extremely rare, and given the seriousness of Duterte’s charges, it is highly unlikely he will be released before his confirmation hearing.
What if the charges are confirmed?
If the judges decide the prosecution has presented strong enough evidence, Duterte will be formally charged, and a full trial will follow. At this point:
- He would remain in detention in The Hague while awaiting trial.
- His legal team could challenge evidence and file appeals, but the case would move forward unless the court finds major legal flaws.
- The trial process could take years to conclude, depending on the complexity of the proceedings.
The legal battle ahead
Duterte’s ICC case marks a historic moment in Philippine politics and international justice. The man who once dared the ICC to put him on trial is now fully entangled in the legal system he ridiculed. The coming months will test not only Duterte’s defense strategy but also the strength of the ICC’s legal framework in holding powerful leaders accountable.
For now, the next big question remains: Will the ICC confirm the charges and bring Duterte to trial? We’ll find out on September 23, 2025.
Sources
- Rome Statute of the International Criminal Court – https://www.icc-cpi.int/sites/default/files/2024-05/Rome-Statute-eng.pdf
- ICC Jurisdiction Despite Philippines' Withdrawal – https://www.reuters.com/world/asia-pacific/what-is-international-criminal-court-that-prompted-dutertes-arrest-2025-03-11/
- Duterte’s First Appearance Before ICC Pre-Trial Chamber (March 14, 2025) – https://www.icc-cpi.int/cases
- Stages of ICC Proceedings – https://www.icc-cpi.int/about/how-the-court-works
- Article 60(2) of the Rome Statute on Interim Release – https://www.icc-cpi.int/sites/default/files/2024-05/Rome-Statute-eng.pdf