The Pre-Trial Chamber I of the International Criminal Court (ICC) has unanimously confirmed all charges of crimes against humanity against former Philippine President Rodrigo Duterte on April 23, 2026.
There are substantial grounds to believe, according to the Pre-Trial Chamber, that Duterte is responsible for the crimes against humanity of murder and attempted murder, pursuant to article 7(1)(a) of the Rome Statute. Duterte faces trial on three charges in connection with his so-called “war on drugs” between 2011 and 2019. The first charge concerns killings that occurred while he was mayor of Davao City. The second addresses the deaths of “high-value targets” nationwide during his presidency. The third concerns individuals killed during barangay “clearance operations” throughout the Philippines.
The Prosecution clarified that the confirmed charges, which involve 49 incidents and 78 victims, are representative examples rather than an exhaustive list.
On April 22, 2026, the ICC denied Duterte’s request to dismiss the case, affirming its jurisdiction over alleged crimes committed in the Philippines before the country’s withdrawal from the Rome Statute.
The ICC Appeals Chamber dismissed all four grounds of appeal raised by Duterte’s defense, which challenged the court’s jurisdiction. The Chamber also reaffirmed that the Philippines’ 2019 withdrawal from the Rome Statute does not exempt Duterte or the country from accountability for crimes committed while it was a member.
On May 8, 2026, Duterte’s lawyer, Nicholas Kaufman, requested the ICC to review Duterte’s detention, citing health issues and hospitalizations since his transfer to ICC custody in March 2025. Kaufman argued that a clear change in circumstances justifies a reassessment of the risk factors outlined in Article 58(1)(b) of the Rome Statute and supports “Duterte’s release to the country that has indicated its willingness to receive him.”
The defense has asked the ICC to release Duterte to a third country willing to accept him while he awaits trial. The Common Legal Representatives of Victims (CLRV) oppose the request, emphasizing the risk of flight and interference, particularly following the confirmation of all charges.
“Releasing him at this stage would undermine victims’ confidence in the judicial process and would send an emboldening signal to his supporters, encouraging pressure and intimidation against victims exercising their rights,” they stated.
The ICC Office of the Prosecutor also supports continued detention, citing Duterte’s political influence and the gravity of the charges.
Prosecutors maintain that the risk factors have not changed since the original detention order, referencing Duterte’s rejection of ICC jurisdiction, resistance during arrest, and Vice President Sara Duterte’s public support for his release.
Prosecutors further cite Duterte’s political networks and history of threats as evidence of the risk of escape or obstruction.
On May 8, 2026, lawyer Nicholas Kaufman announced his withdrawal from Duterte’s case, citing the completion of his engagement and Duterte’s decision to appoint new counsel. The new counsel Peter Haynes will represent Duterte at the upcoming status conference on May 27. Dov Jacobs, Duterte’s former Associate Counsel, was permitted to step down following Duterte’s request to restructure his defense team.
Haynes stated that an examination on Duterte’s fitness to stand trial by “independent experts” will be requested.
Lawyer Kristina Conti added that victims want the trial to start soon and seek assurances that changes will not delay proceedings.
The ICC prosecutors suggested to begin the trial on November 30, 2026; all relevant pre-trial steps are expected to be completed by September 30.