The Tamesis
February 16, 2026
Manila – After an elaborate five-month delay by his lawyers, former President Rodrigo Duterte has been found fit to participate in pretrial proceedings at the International Criminal Court (ICC) in The Hague on three counts of crimes against humanity and murder.
Duterte will face judges of the International Criminal Court’s Pre-Trial Chamber I (PTC I) for the second time in a confirmation hearing on his charges, as well as the four-day annual detention review hearing scheduled for February 23, 24, 26 and 27.
It is unclear whether Duterte will participate in the hearing in person or virtually. But he is expected to attend the hearing in person pending approval of the defense’s video conference request.
READ: ICC indicts challenge 2 Duterte requests
The Office of the Prosecutor (OTP) of the International Criminal Court charged Duterte with the following three crimes against humanity during his “war on drugs” campaign from November 1, 2011 to March 16, 2019: Murder.
Specifically, these were killings committed by the so-called “Davao Death Squad” during his tenure as mayor of Davao City; murders of “high-value” targets during his tenure as president of the Philippines; and murders and attempted murders during barangay cleanup operations across the country during his tenure as president.
The OTP alleges that Duterte committed these crimes as an indirect accomplice by devising a common plan with at least eight other accomplices, including Senators Ronald “Bato” dela Rosa and Bongo, to neutralize criminal elements believed to be involved in illegal drugs.
The hearing will be held before three judges of Chamber I of the ICC, including Presiding Judge Iulia Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou and Judge María del Socorro Flores Liera.
The Prosecutor’s Office, led by Deputy Prosecutor Mame Mandiaye Niang; Duterte’s advisers, headed by Nicholas Kaufman; and the victims’ legal representatives, consisting of Filipino lawyers Joel Butuyan and Gilbert Andres, will present evidence and perspectives.
The ICC said the confirmation hearing was to determine whether there was “sufficient evidence” to establish “substantial grounds for believing” that Duterte committed each of the crimes against him.
READ: ICC: Prosecutors in Duterte ICC trial must submit evidence by July 1
Within 60 calendar days of the conclusion of the confirmation hearing, on April 28, ICC judges will decide whether to confirm all or part of the charges brought against Duterte by the OTP.
According to a briefing from the International Criminal Court and the Institute of International Law at the University of the Philippines School of Law, three outcomes are possible:
Scene one:
If there is enough evidence to substantiate the charges, Duterte will need to remain in custody to face a full trial, which could result in his conviction or acquittal.
A Trial Chamber will then be established, consisting of three judges in addition to the PTC I judges of the International Criminal Court.
Cristina Conti, an ICC-accredited paralegal, said that ICC trials take an average of eight years to complete, with some taking even ten years, depending on the complexity of the case. This does not include the months it takes for the Trial Chamber to render a verdict and sentence, and the one to two years it takes for an appeal to be made.
Scenario 2:
PTC I will halt proceedings against Duterte if there is insufficient evidence to support the allegations.
The judge will then issue an order on next steps, including the possible release of Duterte if the arrest warrant lapses.
However, this does not prevent the OTP from filing another appeal or requesting confirmation later upon submission of additional evidence.
Scene 3:
ICC PTC I will postpone the hearing and require the OTP to provide further evidence, conduct further investigation, or amend any allegation that the evidence submitted appears to substantiate the commission of a crime different from that charged.
An arrest warrant related to charges that were not confirmed by the judge was also terminated, which could lead to Duterte’s release.
No right to appeal?
According to the ICC, the defense and prosecution “do not automatically have the right” to appeal any decision the judge may make, but they can request authorization from the PTC to do so.
The hearings will begin at 5 p.m. (Philippine time) on February 23-24 and February 26-27, with three sessions per day lasting five hours, including a two-hour break.
On the last day of February 27, PTC I also dedicated an hour to a review hearing on Duterte’s continued imprisonment at the International Criminal Court Detention Center in Scheveningen.
Before Duterte goes to trial, a judge must assess whether there are any changes or new circumstances that would warrant his release, with or without conditions.
The PTC I may order his continued detention, as it did in its January 26 decision, which found no changes or new circumstances to modify its September 26, 2025 ruling rejecting the defense’s request for provisional release, which was later confirmed by the ICC Appeals Chamber.
According to the ICC, the timetable may change if developments in the proceedings necessitate it and the Chamber deems it necessary.
It added that “in the interest of efficiency”, if a party or participant does not make full use of the time allotted to it in the timetable, the next presentation should begin, even if that presentation is scheduled for the next meeting or the next day.
On March 11, 2025, Philippine authorities arrested Duterte through an arrest warrant issued by the International Criminal Court and through Interpol. The next day, he was taken to the ICC detention facility, where he has been held ever since.
Duterte made his first appearance before the International Criminal Court on March 14, 2025. However, on September 8, 2025, PTC I postponed the confirmation hearing originally scheduled to begin on September 23 of the same year to hear the defense’s request for an indefinite adjournment of proceedings regarding Duterte’s alleged cognitive impairment.
Four months later, on January 26, 2026, PTC I deemed Duterte fit to participate in the pretrial proceedings, citing the medical assessments of three independent medical experts.
