The confirmation of charges hearing in The Prosecutor v. Rodrigo Roa Duterte concluded on 27 February 2026 before Pre-Trial Chamber I of the International Criminal Court, sitting at the seat of the Court in The Hague. The Chamber comprises Judge Iulia Antoanella Motoc as presiding judge, together with Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera. The panel opened the hearing on 23 February 2026.

The purpose of the confirmation stage is for the judges to determine whether there is sufficient evidence to establish substantial grounds to believe that the suspect committed each of the crimes charged. If the Chamber confirms the charges, in full or in part, the case will move to a Trial Chamber for the trial phase of the proceedings.

The Chamber heard oral submissions from the Prosecutor, the Common Legal Representatives of the Victims and the Defence, followed by their respective closing statements. The hearing proceeded in the suspect's absence after the Chamber granted Mr Duterte's request to waive his right to attend.

The judges have now begun their deliberations. Under Regulation 53 of the Regulations of the Court, the Pre-Trial Chamber must deliver its written decision within 60 days of the date the confirmation hearing ends. Three outcomes are available. The Chamber may confirm those charges for which it finds sufficient evidence and commit the suspect to trial before a Trial Chamber. It may decline to confirm those charges for which it finds insufficient evidence and stop the proceedings against Mr Duterte. Or it may adjourn the hearing and request the Prosecutor to provide further evidence, conduct further investigations, or amend any charge where the evidence submitted appears to establish a crime other than the one charged.

Neither the Defence nor the Prosecutor can directly appeal the confirmation decision. Both may, however, request authorisation from the Pre-Trial Chamber to appeal it.

Background

Mr Duterte is suspected of the crimes against humanity of murder and attempted murder, allegedly committed on the territory of the Republic of the Philippines between 1 November 2011 and 16 March 2019 in the context of the 'war on drugs' campaign.

The procedural history is compressed. Following a request from the ICC Office of the Prosecutor, the Chamber issued the warrant of arrest under a "Secret" classification on 7 March 2025 and reclassified it as "Public" on 11 March 2025. On 12 March 2025, Philippine authorities surrendered Mr Duterte to the Court. His initial appearance followed on 14 March 2025.

On 8 September 2025, Pre-Trial Chamber I postponed the confirmation hearing, initially scheduled for 23 September 2025, to adjudicate the Defence's adjournment request concerning Mr Duterte's fitness to participate in the proceedings. On 26 January 2026, the Chamber found Mr Duterte fit to take part in the pre-trial proceedings and fixed 23 February 2026 as the start of the confirmation hearing.

Practical consequences for practitioners

For counsel and observers tracking the case, the immediate procedural milestone is the 60-day window running from 27 February 2026, which sets an outer limit of late April 2026 for the Pre-Trial Chamber's written decision. That decision will either commit the case to a Trial Chamber, terminate it, or return it to the Prosecutor with directions to strengthen or amend the charges. Any challenge to the ruling must be routed through a request for leave to appeal before the same Chamber rather than a direct appeal. Practitioners should also note that the suspect's waiver of attendance, granted by the Chamber, did not obstruct the confirmation proceedings — a point of practical significance for defence strategy and for the Chamber's management of the hearing.