Almost a year after former President Rodrigo Duterte was arrested on March 11, 2025, the International Criminal Court (ICC) is set to hold a crucial pre-trial proceeding in his case: the confirmation of charges hearing on Monday, February 23.

The Office of the Prosecutor of the ICC has been investigating allegations of crimes against humanity in the Philippines, including killings, torture and sexual violence, in connection with the so-called “war on drugs” campaign carried out between November 2011 and March 2019.

What is the confirmation of charges hearing?

The confirmation of charges hearing is not a trial. It is a pre-trial stage during which ICC judges assess whether there is “sufficient evidence to move the case forward.“

“At this stage, the judges will not decide on Mr Duterte’s innocence or guilt,” the ICC said. “Instead, they decide whether there is enough evidence against Mr Duterte for the case to go to trial.”

If the judges determine that the evidence meets the required threshold, the case will proceed to trial. At that point, Duterte’s status would shift from suspect to accused.

The hearing is scheduled to run from February 23 to 27. During this period, the Prosecution, the Defence, and the Legal Representatives of Victims will make oral submissions before ICC judges in The Hague.

Charges against Duterte

Duterte faces allegations of crimes against humanity, specifically murder and attempted murder, allegedly committed during the anti-drug campaign of his administration.

The counts are as follows:

1. Murders in or around Davao City during his mayoral period allegedly carried out by the Davao Death Squad (DDS);
2. Murders of alleged high-value targets during his presidential period;
3. Murders and attempted murders during barangay clearance operations during his presidential period.

Prosecutors argue that the campaign led to widespread and systematic attacks against civilians. The defence is expected to challenge both the legal and factual basis of the charges.

The four-day confirmation hearing begins on February 23. The ICC Pre-Trial Chamber I granted Duterte's bid to not personally attend the proceedings. Instead, he will be represented by a six-member legal team sent by his family to The Hague.

The ICC has also not allowed family visits during the ongoing proceedings.

Questions were previously raised by the defence about Duterte’s fitness to participate in the case. In response, ICC judges ordered an independent medical assessment conducted by three experts.

After reviewing the medical report, relevant legal principles and the circumstances of the case, the judges found Duterte “fit“ to take part in the proceedings.

This means he is considered capable of understanding the charges, the evidence against him, and the purpose and possible consequences of the pre-trial process. It also means he is able to instruct his defence counsel.

Role of victims

According to ICC spokesperson Oriane Maillet, victims have the right to participate in the process and, if a conviction is secured after trial, to apply for reparations.

In the Duterte case, ICC judges have authorised a number of victims to participate and appointed a common team of legal representatives to speak on their behalf. These lawyers will make oral submissions during the hearing, presenting the victims’ views and concerns before the judges.

What happens next?

At the end of the hearing, ICC judges will deliberate and issue a written decision. They may:

• Confirm all charges and commit the case to trial;

• Confirm some of the charges;

• Decline to confirm the charges due to insufficient evidence.

If the charges are confirmed, a trial phase will be scheduled, during which judges will ultimately determine Duterte’s guilt or innocence beyond reasonable doubt.

Earlier, the criminal court rejected the request from Duterte’s legal team to disqualify the lawyers representing victims in the war on drugs case. The ICC Pre-Trial Chamber refused to remove the external legal representatives after finding no valid grounds to support the defense’s motion.

The confirmation hearing was originally set for September 2025 but was postponed to resolve questions over Duterte’s fitness to stand trial.