Saturday, February 28, 2026

Fate of Duterte Case Rests with Judges After ICC Confirmation of Charges Hearing Ends

Fate of Duterte Case Rests with Judges After ICC Confirmation of Charges Hearing Ends

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The confirmation of charges hearing in the case The Prosecutor v. Rodrigo Roa Duterte concluded today before Pre-Trial Chamber I of the International Criminal Court (ICC). The hearing took place over five days, having started on February 23, 2026. The Pre-Trial Chamber I is composed of:

  1. Judge Iulia Antoanella Motoc (Presiding judge),
  2. Judge Reine Adélaïde Sophie Alapini-Gansou, and
  3. Judge María del Socorro Flores Liera.

The purpose of the confirmation of charges hearing is for the judges to determine whether or not there is sufficient evidence to establish substantial grounds to believe that the accused committed each of the crimes charged. If the charges are confirmed, in full or in part, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial.

After hearing the oral submissions of the Prosecutor, the Common Legal Representatives of the Victims and the Defence, the judges heard their respective closing statements. The hearing on the confirmation of charges took place in the absence of the accused following the Chamber granting Mr Duterte’s request to waive his right to attend the hearing.

The judges will now start their deliberations. In accordance with Regulation 53 of the Regulations of the Court, the Pre-Trial Chamber shall deliver its written decision within 60 days of the date on which the confirmation hearing ends. The Pre-Trial Chamber may then:

  • Confirm those charges for which the Chamber has determined that there is sufficient evidence, and commit the suspect to trial before a Trial Chamber;
  • Decline to confirm those charges for which it has determined that there is insufficient evidence and stop the proceedings against Mr Duterte;
  • Adjourn the hearing and request the Prosecutor to provide further evidence, to conduct further investigations or to amend any charge for which the evidence submitted appears to establish a crime other than the one charged was committed.

The Defence and the Prosecutor cannot directly appeal this decision. However they can request authorisation from the Pre-Trial Chamber to appeal it.