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Trial or not? ICC to rule on Rody’s charges next week

Lade Jean Kabagani

A crucial decision from the International Criminal Court (ICC) next week will determine whether former Philippine president Rodrigo Duterte will stand trial for alleged crimes against humanity.

The court’s Pre-Trial Chamber is expected to issue its ruling no later than 28 April, following the conclusion of confirmation of charges hearings held from 23 to 27 February 2026. 

The deadline falls within the ICC’s 60-day deliberation period after hearings wrap up. 

With 27 April designated an official holiday at the tribunal, 28 April is the latest likely date for the decision.

What does the ruling means?

The confirmation of charges stage is a key checkpoint in ICC proceedings. 

Judges are not yet deciding guilt or innocence. 

Instead, they assess whether prosecutors have presented enough evidence to establish “substantial grounds” to believe the accused committed the crimes alleged.

If the chamber confirms the charges, either fully or partially, the case moves forward to a Trial Chamber, where a full trial will take place, including witness testimony, cross-examinations, and a final judgment.

If the judges decline to confirm the charges, the case does not proceed to trial at this stage. 

However, prosecutors may still attempt to revive the case if they later secure additional evidence.

During the hearings

The February hearings brought together three sides: ICC prosecutors, lawyers representing victims, and Duterte’s defense team. 

Each presented arguments and evidence related to allegations tied to the former president’s anti-drug campaign.

Duterte himself did not attend the proceedings after being granted permission to waive his right to be present. 

His legal counsel appeared on his behalf throughout the hearings.

The process concluded with closing statements before judges began private deliberations.

Case at a glance

Duterte is facing alleged crimes against humanity linked to thousands of deaths during his administration’s previous war on drugs. 

Prosecutors argue these killings form part of a broader, systematic attack against civilians.

The defense, for its part, has challenged both the substance of the allegations and the court’s jurisdiction.


Why does this matter?

The upcoming ruling will decide the immediate future of one of the most closely watched cases involving a former head of state at the ICC. 

A confirmation of charges would set the stage for a full international trial, potentially lasting years, while a rejection could stall or significantly weaken the case.

On 22 April, the ICC Appeals Chamber rejected Duterte’s appeal questioning the court’s jurisdiction, allowing proceedings against him for alleged crimes against humanity to continue.

The chamber dismissed all four arguments raised by Duterte’s defense and ruled that his request for unconditional release was no longer relevant. 

Duterte did not attend the hearing, having waived his right to appear, and was represented by his legal team.

The appeal aimed to overturn an earlier ruling by the ICC’s Pre-Trial Chamber I, which affirmed the court’s jurisdiction on the basis that the investigation began before the Philippines withdrew from the Rome Statute. 

Duterte’s lawyers had argued there was no legal basis for the case and sought his immediate release.