In a decision released Thursday (April 23) from The Hague, the ICC’s Pre-Trial Chamber I said there are “substantial grounds to believe” that Duterte is responsible for crimes involving “murder and attempted murder” committed between November 2011 and March 2019.

The court said these alleged crimes were carried out “as part of a widespread and systematic attack against a civilian population” in the Philippines during the anti-drug campaign.

For many Filipinos, especially families of victims, the decision marks a significant moment in the long-running search for accountability over thousands of deaths tied to the drug war.

It also highlights the reach of international law. While the Philippines withdrew from the ICC in 2019, the court maintains jurisdiction over alleged crimes committed while the country was still a member, covering the period cited in the charges.

The trial, once scheduled, is expected to draw intense attention both locally and internationally, as it examines one of the most controversial chapters in recent Philippine history.

The confirmation of charges does not determine guilt. Instead, it means ICC judges believe prosecutors have enough evidence for the case to proceed to a full trial, where both sides will present their arguments.

Duterte has now been formally committed to trial, with the case to be handled next by a Trial Chamber that will set the timeline and procedures.

The ICC stressed that its proceedings remain fair and balanced, noting that trials are “fair and impartial,” and that the defence will have time to prepare, while “respecting the rights of victims.”

The ruling follows a week-long confirmation hearing held from February 23 to 27, 2026, where prosecutors, defense lawyers, and legal representatives of victims presented evidence and arguments.

Duterte did not attend the hearing after the chamber allowed him to waive his right to be present.

The case stems from an ICC investigation into killings linked to the Philippine government’s anti-drug operations, which drew global scrutiny over alleged human rights violations.

In a decision released April 22, the ICC’s Appeals Chamber upheld an earlier ruling that allows the court to exercise jurisdiction over alleged crimes committed during Duterte’s anti-drug campaign.

At the heart of the issue is timing.

The Philippines was a member of the ICC from November 1, 2011 until March 16, 2019. While the country officially withdrew from the court on March 17, 2019, the judges clarified that this does not erase the ICC’s authority over alleged crimes committed while the Philippines was still a member.

In simple terms: leaving the ICC does not cancel accountability for actions taken while still under its jurisdiction.

The Appeals Chamber stressed that the court’s founding treaty, the Rome Statute, must be interpreted “in line with the object and purpose of the Statute,” which is “to put an end to impunity for the perpetrators of the most serious crimes of concern to the international community as a whole.”

Judges warned that allowing countries to avoid investigation simply by withdrawing would defeat that purpose.

“It would be incompatible with this object and purpose to enable a State Party to evade its responsibilities… once it discovers that alleged crimes… are being examined,” the chamber said.

At the same time, the court clarified that countries still have the right to leave the ICC — but only moving forward, not retroactively. This ensures what the judges described as a “balance” between a country’s right to withdraw and its obligations while it was still a member.

The case against Duterte centers on allegations of crimes against humanity, specifically murder and attempted murder, linked to his administration’s “war on drugs.” Prosecutors claim these acts were part of a “widespread and systematic attack” on civilians between 2011 and 2019.

Duterte has denied wrongdoing.

The former president did not attend the hearing, having waived his right to be present. He was represented by his defense counsel.

With the appeal now rejected, the case moves forward in the ICC process, bringing it a step closer to a full trial where prosecutors will seek to prove the charges.

The ruling also sends a broader message: Countries cannot use withdrawal as a shield against accountability for alleged international crimes.

Former Philippine president Rodrigo Duterte made his first appearance at the International Criminal Court (ICC) in The Hague, Netherlands, on March 14. Six months before his pre-trial hearing, scheduled for September 23, 2025, what should we expect from the ICC?

Duterte, who turns 80 on March 28, is the first Asian former head of state to be indicted by the ICC and the first suspect flown to The Hague in three years. He faces charges of murder as a crime against humanity.

The ICC has set a deadline for Prosecutor Karim Khan’s team to submit evidence to the pre-trial chamber by April 4.

Duterte’s defense team, led by lawyer Nicholas Kaufman, must inform the prosecution of their planned course of action by April 11, including whether they will raise an alibi, call witnesses, or present their own evidence.

Kaufman told Rappler he intends to “have this case terminated” before the confirmation of the charges hearing.

Regarding the possibility of an ad interim release for Duterte, ICC spokesperson Fadi El Abdallah told News Watch Plus that the request must be presented to the judges, who will determine if it meets specific conditions. “In theory, an arrest is only warranted if necessary to ensure the suspect appears before the chamber, does not interfere with investigations, or does not threaten witnesses,” he said.

On the petitions before the Philippine Supreme Court questioning the constitutionality of Duterte’s arrest, Abdallah explained that only ICC judges can order the release of a suspect.

“Any request for release must be submitted to them — and they will assess the reasons presented before making a decision,” he added, noting that alternative measures could be considered.

Abdallah assured that the ICC “takes all necessary and possible measures to protect the well-being” of detainees, including Duterte, with access to medical services and sports facilities. He also stated that Duterte may be visited by his defense team, family, and possibly close friends, though visits must be pre-approved.

The arrest came after Duterte and his entourage arrived in the Philippines at 9:20 a.m. on March 11, 2025, aboard Cathay Pacific flight CX 907 from Hong Kong.

According to a statement from the Presidential Communications Office, the warrant was officially received by Interpol-Manila earlier today, and the Prosecutor General promptly filed an ICC notification for the former president’s arrest.

It was also confirmed that the arrest was conducted by Philippine National Police (PNP) officers who wore body cameras during the operation to ensure transparency.

“Duterte and his entourage are in good health and have been examined by government doctors,” the statement read. “They have assured that he is in good condition.” The former president is now in the custody of the authorities.

The arrest stems from accusations of crimes against humanity related to Duterte’s war on drugs during his presidency. The ICC has been investigating the deaths of thousands of drug suspects allegedly executed during his anti-drug campaign, which has drawn widespread international condemnation.

Duterte, who served as president from 2016 to 2022, has been known for his controversial rhetoric and actions. He has frequently made headlines for insulting international figures and organizations.

Notably, during his presidency, Duterte verbally attacked foreign diplomats, including ambassadors from the European Union and the United States, for criticizing his brutal anti-drug measures. His most infamous remarks were aimed at Pope Francis, whom he called a “son of a b****” for causing traffic jams during his visit to the Philippines in 2015.

These instances of provocation added to the strained relations between the Philippines and several foreign governments, as well as the international community’s concerns over human rights abuses under his administration.

As the legal process unfolds, attention will remain focused on whether Duterte will face further international legal scrutiny and what ramifications this arrest may have for his political allies.