The International Criminal Court (ICC) has concluded the confirmation of charges hearing against former Philippine president Rodrigo Roa Duterte, upheld his continued detention, and is considering a prosecution request seeking clarification on the role of several Filipino lawyers mentioned during the proceedings.
In separate developments in The Prosecutor v. Rodrigo Roa Duterte, judges ended the five-day confirmation of charges hearing on Feb. 27, while the ICC Appeals Chamber on March 6 rejected Duterte’s appeal against a ruling that kept him in detention.
Meanwhile, prosecutors have also asked the court to require the defense to clarify the status of six lawyers whose presence during the hearing appeared to suggest they were part of Duterte’s legal team.
Confirmation hearing concluded
The confirmation of charges hearing was held from Feb. 23 to 27 before ICC Pre-Trial Chamber I composed of Judges Iulia Antoanella Motoc (presiding), Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera.
The proceeding aims to determine whether there are “substantial grounds to believe” that the suspect committed the crimes alleged by prosecutors. If confirmed, the charges will be transferred to a Trial Chamber for the next stage of the proceedings.
“The purpose of the confirmation of charges hearing is for the judges to determine whether or not there is sufficient evidence to establish substantial grounds to believe that the suspect committed each of the crimes charged,” the ICC said.
After hearing oral submissions from the prosecution, the defense, and the common legal representatives of victims, the judges will now deliberate on whether to confirm the charges.
Under ICC rules, the chamber must issue its written decision within 60 days from the conclusion of the hearing. The judges may confirm the charges and commit Duterte to trial, decline to confirm them and terminate the proceedings, or request prosecutors to provide additional evidence or amend the charges.
The hearing was conducted in Duterte’s absence after the chamber granted his request to waive his right to attend.
Appeals chamber upholds detention
In a separate ruling issued on March 6, the ICC Appeals Chamber rejected Duterte’s appeal against a decision that kept him in detention.
The ruling affirmed a Jan. 26 decision by Pre-Trial Chamber I which found no new or changed circumstances requiring modification of its earlier ruling that detention was necessary.
Duterte’s defense had argued that the chamber erred in fact and law and abused its discretion when it disregarded a medical report concerning his health condition.
The appeals judges ruled that the report contained no new medical information, noting that the doctors cited by the defense had not conducted any new examination of Duterte.
They also said that while expert medical reports may assist the court, assessing the impact of a suspect’s health condition on detention risks is a legal determination for judges, not medical practitioners.
The Appeals Chamber that issued the ruling was composed of Judges Luz del Carmen Ibáñez Carranza (presiding), Tomoko Akane, Solomy Balungi Bossa, Gocha Lordkipanidze and Erdenebalsuren Damdin.
Prosecutors seek clarification on lawyers
Meanwhile, the Office of the Prosecutor asked the court to clarify the status of six Filipino lawyers mentioned by defense counsel during the confirmation hearing.
According to the prosecution filing, statements by Duterte’s counsel suggested that the defense team was “ably assisted and supported by” the lawyers, who attended the hearing from the public gallery.
The lawyers named were Salvador Medialdea, Salvador Panelo, Martin Delgra, Silvestre Bello, Alfredo Lim and Cesar Dulay.
Prosecutors said the remarks created the impression that the lawyers were part of Duterte’s ICC defense team and could gain access to confidential case information.
To address this, the prosecution asked the chamber to require the defense to confirm that the six lawyers are not members of the defense team, have not received and will not receive case disclosures, and do not have access to non-public filings or information.
The request was made to ensure compliance with Article 68 of the Rome Statute, which requires the prosecution to protect the safety and privacy of victims and witnesses.
Background of the case
Duterte is suspected of the crimes against humanity of murder and attempted murder allegedly committed between Nov. 1, 2011 and March 16, 2019 in connection with the Philippines’ anti-drug campaign.
The ICC issued a secret arrest warrant on March 7, 2025, which was later reclassified as public on March 11. Duterte was surrendered to the court on March 12, 2025 and made his initial appearance on March 14.
The confirmation of charges hearing had originally been scheduled for September 2025 but was postponed while judges considered the defense’s request concerning Duterte’s fitness to participate in the proceedings. In January 2026, the chamber ruled that he was fit to take part in the pre-trial stage and set the February hearing dates.
The judges are now expected to decide whether the charges against Duterte will proceed to trial.
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