Following his arrest on March 11, 2025, former Philippine president Rodrigo Duterte is now in the custody of the International Criminal Court (ICC) in the Netherlands. He awaits trial at the Hague Penitentiary Institution for crime against humanity of murder, allegedly committed as co-perpetrator in the Philippines in the context of his so-called “war on drugs” between November 1, 2011, and March 16, 2019.
Duterte appeared before the Pre-Trial Chamber I on March 14, 2025 via video link. The confirmation of the charges hearing is scheduled for September 23, 2025, to determine if there is enough evidence to proceed to trial. If the charges are confirmed, the case will move to a Trial Chamber for the trial phase. The team of ICC-Prosecutor Karim Khan has until April 4 to submit to the ICC pre-trial chamber the list of evidence intended for presentation on September 23, including any requests for witness protection programs.
Duterte’s legal team, led by British-Israeli lawyer Nicholas Kaufman, must inform the court of its intended strategy for the hearing by April 11, 2025 – be it presenting an alibi, bringing in witnesses, or submitting own evidence. Before September 23, both the defense and prosecution could continue exchanging requests, and there’s still a possibility for the date to be changed. Kaufman plans to push for the case to be dismissed even before the hearing to confirm the charges.
Victims are currently coming forward to be formally recognized and allowed to address the court. The three Filipino lawyers Kristina Conti, Joel Butuyan, and Gilbert Andres may be appointed by the ICC to represent them.
The prosecution submitted evidence of 43 killings. According to the prosecution’s warrant application, these killings represent “a sample indicative of the numerous acts of violence” outlined in Article 7(1) of the ICC’s Rome Statute concerning crimes against humanity. It argues that Duterte orchestrated a “common plan” under which various crimes were carried out. Evidence includes his public statements urging police to kill, as well as confessions from alleged Davao Death Squad (DDS) hitmen, notably Arturo Lascañas and Edgar Matobato, who are key witnesses.
Law experts doubt that the ICC will grant Duterte interim release, as the conditions for such a release do not appear to be in his favor. One key requirement is that there must be no risk of him interfering with the judicial process, such as by intimidating witnesses.
Nicholas Kaufman, lead defense counsel of Duterte, asserts that none of the risk factors are relevant to his client and said he will file a request for interim release. He believes that the crimes against humanity case against Duterte will not reach trial. “I will be seeking to have this case terminated and dropped into the footnotes of history before we even get to the confirmation of charges hearing,” he said.
Duterte’s lawyers are expected to challenge the legality of his arrest by citing Article 59 of the ICC’s Rome Statute, which details the process for handling the arrest of a suspect located within the jurisdiction of a state party. The Philippine government argues that, as the Philippines are no longer a member of the ICC, it was not obligated to comply with Article 59. Instead, it claims to have acted in accordance with its commitments to the International Criminal Police Organization (Interpol) and domestic law (i.e., Republic Act 9851 or the International Humanitarian Law) which permits the surrender of individuals suspected of crimes against humanity to an international court.
Duterte is also expected to apply for an interim release by citing health issues. During his first court appearance on March 14, 2025, former Executive Secretary Salvador Medialdea, acting as his lawyer, said that Duterte has “debilitating medical issues”, that he was “hard of hearing” and “poor of sight.”
The ICC has not yet granted an interim release to a suspect charged with crimes against humanity, making the request unlikely to succeed. No matter what arguments Duterte presents, the judges will not approve his release if they believe it could lead to him fleeing, interfering with or threatening the investigation, or committing the alleged crimes again. Lawyers of victims of Duterte’s “war on drugs” are prepared to oppose any attempt to secure his interim release.
Photo © International Criminal Court