ICC Kicks Off Confirmation of Charges Proceedings vs Duterte

Former president Rodrigo Duterte is set to face a critical legal milestone as the International Criminal Court begins its confirmation of charges hearing in The Hague this week.

The proceedings, which will run for four days, mark the first time the merits of the crimes against humanity charges against Duterte will be examined in open court since his arrest in March 2025.

Despite the significance of the hearings, Duterte will not appear before the court after Pre-Trial Chamber I granted his request to skip the proceedings. He will remain detained at the ICC Detention Center in Scheveningen, located within a Dutch prison complex.

His legal team, led by lawyer Nicholas Kaufman, will represent him during the pre-trial stage, where judges are expected to determine whether there is “sufficient evidence to establish substantial grounds to believe” that Duterte committed the crimes as charged.

The hearings will begin with the reading of charges at 10 a.m. in The Hague, followed by opening statements from the prosecution, legal representatives of the victims, and Duterte’s defense panel.

More than 500 victims have also been allowed to participate in the process, with Filipino lawyers Joel Butuyan and Gilbert Andres serving as external common legal representatives.

Following the hearings, the pre-trial chamber composed of Presiding Judge Iulia Antonella Motoc and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera will have up to 60 calendar days to issue a ruling.

“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.

Outside the ICC headquarters and across various parts of the Philippines, activities are expected to be held by both victims of Duterte’s drug war and supporters of the former president in time for the hearings.

“Duterte must be held accountable for crimes against humanity. We will continue to fight for justice for our loved ones until Duterte is found guilty,” said Dahlia Cuartero, whose son Jesus was killed during the drug war.

Meanwhile, Philippine National Police chief Gen. Jose Melencio Nartatez Jr. said authorities are prepared to secure public activities related to the proceedings.

“Our security measures are in place and are intended to ensure the peaceful conduct of any activity in public places. Regardless of the affiliation of the groups, our personnel will be there to protect their rights and maintain peace and order,” Nartatez said.

As the hearings proceed, the ICC judges may either confirm the charges, decline to do so, or request additional evidence from the prosecution before deciding whether the case should move forward to full trial.