The Hague, Netherlands – The confirmation of charges hearing against former President Rodrigo Duterte opened Monday, Feb. 23, at the International Criminal Court (ICC), marking a key pretrial step in the case accusing him of crimes against humanity linked to his anti-drug campaign.
The five-day hearing on Feb. 23 to 27 at the court’s headquarters will determine whether prosecutors have presented enough evidence to send the case to full trial. Duterte, 80, is suspected of three counts of crimes against humanity involving murder and attempted murder allegedly committed between Nov. 1, 2011 and March 16, 2019.
According to the prosecution’s Document Containing the Charges, Duterte has been accused of involvement in killings during his time as mayor of Davao City and later as president, including operations attributed to the so-called Davao Death Squad and nationwide anti-drug campaigns targeting so-called high-value suspects and barangay clearance operations.
The Pre-Trial Chamber I, composed of Presiding Judge Iulia Antonella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou and Judge María del Socorro Flores Liera,opened the proceedings with initial statements from the parties.
Deputy Prosecutor Mame Mandiaye Niang is representing the Office of the Prosecutor, while Nicholas Kaufman serves as Duterte’s lead defense counsel, assisted by associate counsel Dov Jacobs. Victims participating in the proceedings are represented by lawyers Joel Butuyan, Gilbert Andres and Paolina Massidda of the Office of Public Counsel for Victims.
No witnesses are expected to testify at this stage. Instead, lawyers will present arguments and submissions based on evidence previously filed with the court.
Charges and allegations
Prosecutors outlined three alleged counts of crimes against humanity:
- Count 1: Murders in or around Davao City during Duterte’s mayoral period, allegedly carried out by the Davao Death Squad.
- Count 2: Murders of alleged “high-value targets” during his presidency
- Count 3: Murders and attempted murders during barangay clearance operations tied to the national anti-drug campaign.
The prosecution said Duterte bears individual criminal responsibility as an indirect co-perpetrator. The defense has denied wrongdoing and continues to challenge the ICC’s jurisdiction.
The Philippines withdrew from the Rome Statute in March 2019, but the court maintains jurisdiction over alleged crimes committed while the country was still a state party.
From investigation to hearing
The ICC investigation into the Philippines was authorized in September 2021 after prosecutors sought to examine killings linked to the government’s anti-drug campaign. The Appeals Chamber allowed the investigation to resume in July 2023 following legal challenges from Philippine authorities.
An arrest warrant against Duterte was issued on March 7, 2025, and he was surrendered to ICC custody on March 12, 2025. His initial appearance took place two days later via video link from the ICC Detention Centre.
The confirmation hearing had originally been scheduled for September 2025 but was postponed after the defense sought an indefinite adjournment, arguing Duterte was unfit to stand trial. Judges rejected that request in January 2026 after independent medical experts found him fit to participate in pretrial proceedings.
What happens next
The purpose of the confirmation of charges procedure is to determine whether there are substantial grounds to believe that Duterte committed the alleged crimes. Judges have up to 60 days after the hearing to decide whether to confirm all or part of the charges, request additional evidence or decline to move the case forward.
If the charges are confirmed, the case will be transferred to a Trial Chamber for full proceedings — the first time a former Philippine president and Asian leader would face trial before the ICC.
