Duterte faces new ICC hearing 

By Carlito Pablo

Former Philippine president Rodrigo Duterte will face a new hearing before the International Criminal Court (ICC) in The Hague, Netherlands starting on September 23, 2025.

Duterte is accused of crimes against humanity of murder in the connection with the war on drugs in the Philippines.

The ICC has scheduled four days of hearings from September 23 to September 26 to confirm the charges against the former president.

Duterte first appeared before the court on March 14, 2025 following his arrest based on an ICC warrant.

As the ICC explained in a media release on the same day of his first appearance, the “purpose of the confirmation of charges procedure is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed the crimes he or she is suspected of”.

“If the charges are confirmed, totally or partly, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial.”

Maria Kristina Conti is a Filipino lawyer and she is the only lawyer from the Philippines included in the ICC’s list of assistants to counsel.

In recent media reports from Manila, Conti explained: “Technically, there would be no charges, yet, filed against Duterte, although he is being held on reasonable basis to believe that he committed crimes against humanity and acts of murder, etc.”

“But right now, the exact scope of the charges, the exact allegations have to be approved by the Court,” Conti also said.

Based on the official background information released by the ICC, the Office of the Prosecutor of the ICC on February 10, 2025 applied for a warrant of arrest against Duterte.

“The Chamber assessed the material submitted by the Prosecution and found reasonable grounds to believe that Mr Duterte is individually responsible as an indirect co-perpetrator for the crime against humanity of murder, allegedly committed in the Philippines between 1 November 2011 and 16 March 2019,” the court stated in the background information.

The said ICC pre-chamber issued the warrant on March 7. Duterte was arrested in the international airport in Manila on March 11. He was flown to the ICC and was handed over to the ICC on March 12.

Duterte is currently held at the ICC detention centre in Scheveningen, a seaside resort area on the outskirts of The Hague.

At his first appearance before the ICC on March 14, Duterte was officially informed about the crimes he allegedly committed and his rights under the Rome Statute, the international treaty that created the ICC.

Duterte appeared before ICC judges Iulia Antoanella Motoc, Reine Alapini-Gansou, and Socorro Flores Liera.

The three judges were also the same authorities who signed Duterte’s arrest warrant. They will likewise decide following the confirmation hearing starting September 23 if there is enough evidence to proceed to trial against Duterte.

Nicholas Kaufman is Duterte’s lead defence counsel.

Media reports from Manila state that Kaufman has disclosed in an official filing before the ICC that the defence will neither call any witnesses nor provide written evidence during the confirmation of charges hearing.

“The Defence will not call witnesses to testify at the confirmation hearing. This is a principled decision because credibility is given little weight at confirmation,” Kaufman stated in the document.

Duterte’s defense team will also “not supply written testimonial evidence at confirmation, thereby permitting the Prosecution to adapt its investigation accordingly, should charges be confirmed”.

Duterte’s lawyers will likewise not be presenting an “alibi” to the pre-trial chamber.

Meanwhile, Honeylet Avanceña, who is the common-law wife of Duterte, has revealed in media reports from Manila that she has been barred from visiting the former president.

Reports also state that she is blaming Kaufman for the restriction.

Kaufman has refused to comment on the matter.

“For judicial reasons and out of respect for family privacy, I am not going to comment on the veracity of Honeylet Avanceña’s allegations concerning her presence not being desired at the ICC detention centre,” Kaufman said in a widely reported statement.

“Honeylet Avanceña, so it would appear, is emotionally distressed for reasons on which, as I mentioned previously, I cannot elaborate. As a consequence, she is making all sorts of wild allegations which are being stoked by others,” Kaufman added.