ICC Ends Duterte Hearing; Judges Given 60 Days to Decide on Trial

THE HAGUE, Netherlands — Feb. 28, 2026 — The International Criminal Court (ICC) on Friday concluded the confirmation of charges hearing against former Philippine President Rodrigo Duterte, with judges given 60 days to decide whether the case will proceed to trial on allegations of crimes against humanity, according to the court.

The proceedings were held before Pre-Trial Chamber I at the ICC’s headquarters in The Hague. Under Article 61 of the Rome Statute, judges must determine whether there are substantial grounds to believe that the accused committed the crimes charged before committing the case to trial.

In a procedural update published on its official website, the ICC said the chamber will issue its written decision within 60 days from the close of the hearing.

Confirmation of Charges Proceedings

The confirmation of charges hearing is a pre-trial stage in which judges assess whether the prosecution’s evidence meets the legal threshold required to open a trial. It does not determine guilt or innocence.

Prosecutors from the ICC Office of the Prosecutor presented evidence alleging Duterte’s criminal responsibility for murder as a crime against humanity in connection with anti-drug operations conducted during his presidency from 2016 to 2022, as well as during his time as mayor of Davao City.

Defense lawyers challenged the sufficiency of the evidence and raised arguments concerning jurisdiction and individual criminal responsibility. Legal representatives of victims, authorized by the chamber, also participated in the proceedings.

The hearings were publicly streamed by the court.

Jurisdiction and Legal Context

The ICC investigation into the situation in the Philippines was authorized in 2021 after Pre-Trial Chamber I found there was a reasonable basis to proceed with an investigation into alleged crimes committed between Nov. 1, 2011 and March 16, 2019.

The Philippines withdrew from the Rome Statute in March 2019. In prior rulings, the ICC has stated that it retains jurisdiction over alleged crimes committed while the country was still a State Party, pursuant to Article 127 of the Rome Statute.

According to the ICC’s case information, the charges relate to alleged killings linked to anti-drug operations. Official Philippine government data during Duterte’s administration reported more than 6,000 deaths in police anti-drug operations. Human Rights Watch and Amnesty International have reported that the total number of deaths, including vigilante-style killings, may be higher.

An ICC arrest warrant for Duterte was issued in 2025. He was later transferred to ICC custody in The Hague.

Next Steps

If judges confirm the charges, the case will proceed to trial before a separate Trial Chamber. If they decline to confirm some or all of the charges, the prosecution may seek to amend them, or the case may not proceed to trial.

The chamber’s written decision will set out the legal reasoning supporting its ruling.

With the conclusion of the confirmation of charges hearing, the case now enters the deliberation phase. The ICC’s forthcoming decision within the 60-day period will determine whether proceedings against Duterte advance to trial or conclude at the pre-trial stage.