ICC Pre-Trial Chamber I has confirmed all charges against Rodrigo Roa Duterte, the former president of the Philippines, and committed him to trial before the International Criminal Court.

The chamber's decision, announced by the International Criminal Court on 29 July 2025, means the case against Duterte will proceed to the trial stage before a Trial Chamber of the court, based in The Hague, Netherlands.

The charges against Duterte relate to the crime against humanity of murder, in connection with the so-called "war on drugs" conducted during his presidency and earlier during his time as mayor of Davao City. The case falls within the jurisdiction of the ICC, which prosecutes individuals for the most serious crimes of concern to the international community, including crimes against humanity, war crimes, genocide and aggression.

What the Chamber Decided

A confirmation of charges hearing is a key procedural step in ICC proceedings. At this stage, judges do not determine guilt or innocence. Instead, they assess whether the prosecutor has presented substantial grounds to believe that the accused committed the crimes alleged. If the charges are confirmed, the case is committed to trial.

Pre-Trial Chamber I found that the evidentiary threshold was met on all charges brought by the Office of the Prosecutor, and it accordingly committed Duterte to trial in full. The decision followed a hearing at which the prosecutor, the defence and the legal representatives of victims presented their positions.

Duterte, who served as president of the Philippines from 2016 to 2022, was arrested in Manila on 11 March 2025 pursuant to an ICC arrest warrant. He was transferred to the court's custody and made his initial appearance before Pre-Trial Chamber I shortly thereafter.

Practical Consequences for Practitioners

For legal practitioners, the confirmation of all charges narrows the issues that will be contested at trial and triggers the next phase of proceedings: the preparation for trial before a Trial Chamber, including disclosure of evidence between the prosecution and defence, the filing of preparatory filings, and the eventual setting of a trial date. Defence counsel may still seek leave to appeal the confirmation decision, and any such challenge would be heard by the Appeals Chamber. For victims' representatives, the decision confirms that victims admitted to participate in the proceedings will continue to exercise their participatory rights at trial. Practitioners following the case should also monitor any jurisdictional challenges raised by the defence concerning the Philippines' withdrawal from the Rome Statute, which could shape the appellate record.

Background

The Philippines was a state party to the Rome Statute, the ICC's founding treaty, from 2011 until its withdrawal took effect in March 2019. The prosecutor's investigation into the situation in the Philippines proceeded on the basis of alleged crimes committed while the country remained a party to the statute.

Duterte is the first former head of state from an Asian nation to be in ICC custody. His transfer to The Hague in March 2025 drew international attention and statements from both supporters and critics of the court.

What Comes Next

The case now moves to the trial phase. The presidency of the ICC will assign the case to a Trial Chamber, which will manage the pre-trial preparations and, in due course, schedule the opening of the trial. A conviction at trial would require the judges to be satisfied of the accused's guilt beyond reasonable doubt — a materially higher standard than the substantial-grounds threshold applied at the confirmation stage.

No trial date has yet been set. The ICC has indicated that further information on the proceedings will be published through its usual channels.