All eyes will be on former president Rodrigo Duterte on 23, 24, 26 and 27 February as he faces a confirmation of charges hearing before the International Criminal Court (ICC).

The confirmation of charges is a pre-trial proceeding, common in international courts such as the ICC, where judges determine if there is sufficient evidence to proceed to a full trial.

During the hearing, prosecutors will present their evidence and outline the charges, to which the defense may refute the evidence and argue that the case should be dismissed.

For their part, the judges would decide if the evidence meets the required threshold to confirm the charges or might dismiss them formally.

We will have to count up to 60 days after the confirmation hearing, as the chamber will issue its decision on the confirmation of charges within that time frame.

The endgame for the confirmation is not in black and white; if the charges are confirmed, whether in whole or in part, the case will proceed and be transferred to a Trial Chamber, which will oversee the subsequent phase of the proceedings.

On the other hand, if it is not confirmed, it will be dismissed or sent back for further investigation.

The third option is to adjourn the hearing and request that the prosecutor submit additional evidence, conduct further investigations, or amend the charges if the evidence suggests a different crime was committed.

The sessions last up to one hour and 20 minutes, and the frequency is three per day, just like in the case of Joseph Kony of Uganda.

Who’ll be there

The Pre-Trial Chamber I is presided over by Presiding Judge Iulia Antoanella Motoc, with Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera as members.

Duterte’s defense team, led by lead counsel Nicholas Kaufman, will represent the suspect by objecting to the charges and presenting and responding to evidence before the prosecution, alongside associate counsel Dov Jacobs.

ICC’s official website stated that the judges authorized 539 drug war victims to participate in the proceedings, appointing Filipino lawyers Joel Butuyan and Gilbert Andres, and Italian lawyer Paolina Massidda, as a single team of common legal representatives for the victims.

The three will attend the hearing and represent the victims by making oral submissions on the merits.

Members of the press can also cover the hearing, provided they have an accredited press pass and a valid passport or photo ID.

According to ICC’s official website, those in The Hague who wish to watch the session can attend, but they will only be accommodated on a first-come, first-served basis.

Those in the Philippines and other parts of the world can also watch the hearing on the ICC website, Facebook, and YouTube accounts, though it will be delayed by 30 minutes.

Duterte is suspected of committing crimes against humanity of murder and attempted murder during his term as Davao City mayor and as Philippine president, between 1 November 2011 and 16 March 2019, during his war on drugs.

His “secret” arrest warrant was served by the Chamber on 7 March 2025 and was made public four days later on 11 March.

The former president was arrested by both Interpol and the Philippine National Police and was surrendered to the ICC where he has since been detained at the Scheveningen detention centre in The Hague, Netherlands.