ICC clock starts on Rody’s case

Inside a courtroom in The Hague, International Criminal Court (ICC) judges are now weighing whether the evidence presented against former President Rodrigo Duterte is strong enough to send his crimes against humanity case to trial.

With the confirmation of charges hearings concluded on 27 February, the ICC’s Pre-Trial Chamber has up to 60 days to decide whether there are substantial grounds to believe Duterte committed the alleged crimes.

The ruling will determine whether the case proceeds to a full trial, is halted for lack of evidence, or is sent back to prosecutors for further work.

If the charges are confirmed in full or in part, the case will move to the trial stage and a new trial chamber will be constituted to hear the proceedings. If the judges find the evidence insufficient, they may decline to confirm the charges and terminate the case against the former president.

Another possible outcome is for the chamber to adjourn the proceedings and direct the prosecution to submit additional evidence, conduct further investigations, or amend the charges if the evidence appears to support a crime different from those initially alleged.

The confirmation of charges hearing is not a trial and does not determine guilt or innocence. The standard of proof at this stage is lower than that required for conviction at trial, focusing instead on whether the prosecution’s case meets the threshold necessary to proceed.

May appeal but…

Over four days, the Pre-Trial Chamber heard arguments from ICC prosecutors, Duterte’s defense team, and legal counsel representing victims.

The proceedings centered on whether the evidence presented establishes reasonable grounds to believe the alleged crimes were committed and that Duterte bears criminal responsibility.

Duterte faces charges of crimes against humanity, specifically murder and attempted murder, allegedly committed during his tenure as mayor of Davao City and later as president of the Philippines.

He was arrested in March 2025 and remains in ICC custody in The Hague.

The ICC has said that neither the defense nor the prosecution is automatically entitled to appeal the Pre-Trial Chamber’s decision on the confirmation of charges. Either party may, however, seek authorization from the chamber to file an appeal.

The ruling expected in the coming weeks will determine whether one of the most high-profile cases involving a former Philippine head of state advances to a full trial before the international tribunal — or ends at this preliminary stage.