After the International Criminal Court (ICC) Pre-Trial Chamber confirmed all charges of crimes against humanity against former President Rodrigo Duterte, the case is now set to move toward trial. However, several legal and procedural steps must still take place before the hearings begin.

Although Duterte is not automatically entitled to appeal the confirmation of the charges, his legal team may seek permission from the ICC Pre-Trial Chamber to do so.

His defense counsel, Nicholas Kaufman, has indicated that they intend to file a request for authorization to appeal.

If granted, this could temporarily affect the timeline of the proceedings. If denied, the case will proceed directly toward trial preparation.

The next major step is for the ICC Presidency to assign a Trial Chamber composed of three judges who were not involved in the pre-trial stage. This ensures an independent panel will oversee the trial phase.

Once constituted, the Trial Chamber will assume management of the case by holding initial status conferences with both the prosecution and the defense, setting the trial schedule and procedural framework, ensuring fair and efficient proceedings, and resolving preliminary issues, such as how and when evidence will be disclosed.

Under the Rome Statute, Duterte is required to be physically present during the trial. Any specific arrangements regarding his attendance or participation will be determined by the judges overseeing the case.

Right to fair trial

The former president was afforded the right to a fair trial at the ICC, one of the counsels representing drug war victims asserted Saturday, as he debunked the defense’s insinuations of a biased ruling. 

Lawyer Gilbert Andres of the Office of Public Counsel for Victims argued that Duterte could have been brought to the pre-trial far sooner had the ICC truly shown impartiality in the case.

Duterte was initially supposed to face the Pre-Trial Chamber I for the confirmation of his charges on 23 September last year, but was moved to 23 February after lead counsel, Nicholas Kaufman, petitioned the court to indefinitely postpone the proceedings, citing the ex-leader’s advanced age and debilitating health, making him unfit to stand trial.