What to expect: ICC hearing to confirm charges against Rodrigo Duterte

By Carlito Pablo

The International Criminal Court is set to hold a hearing to confirm charges that ex-Philippine president Rodrigo Duterte committed crimes against humanity.

Running from February 23 to 27, 2026, the hearing will determine whether the case against Duterte should go to trial.

Duterte is facing charges related to 78 alleged murders in connection with the war on drugs he led as mayor of Davao City and later as president of the Philippines.

Lawyer and educator Tony La Viña notes in a recent column with the Manila Standard newspaper that the confirmation process is “widely misunderstood by the public”.

“Many interpret the phrase as an announcement of guilt or an automatic move toward punishment,” La Viña wrote in his column on February 13, 2026. 

“In reality,” he explains, “the confirmation of charges is neither a verdict nor a declaration of criminal responsibility.”

To better understand what will take place at the ICC hearing in The Hague, Netherlands, the New York-based Human Rights Watch prepared a questions-and-answers guide. Here are some excerpts:

What are the charges against Duterte? 

The ICC Office of the Prosecutor is seeking confirmation of three counts of the crime against humanity of murder against Duterte:

Nine incidents relating to 19 murders in Davao City between 2013 and 2016, when Duterte was mayor;

Five incidents relating to 14 murders of “individuals labelled as ‘high-value’,” including for their alleged involvement in drug manufacturing or drug syndicates,” in locations across the Philippines in 2016 and 2017, when Duterte was president; and 

Thirty-five incidents relating to 45 murders and attempted murders committed in clearance operations in barangays (villages or neighborhoods) across the Philippines in 2016 and 2018 when Duterte was president. 

The Office of the Prosecutor has indicated that the charges are “a non-exhaustive list of examples of the conduct underlying the charge,” and that the 78 victims included in the document are “are a non-exhaustive list of victims in this case.” 

What will happen during the confirmation of charges hearing?

The hearing to confirm the charges against Duterte is not a trial. It is held before a pretrial chamber composed of three judges. The hearing will allow the judges to evaluate whether the prosecution has enough evidence to move ahead with a trial on one or more of the charges cited. 

Duterte, through his defense counsel, can object to the charges, challenge the prosecution’s evidence, and put forward his own evidence. However, the hearing is not aimed at determining guilt or innocence.

The confirmation of charges hearing was initially scheduled to begin on September 23, 2025. However, on September 8, the pretrial chamber decided to postpone the hearing indefinitely because Duterte’s lawyers contended that he was unfit to take part in the proceedings due to “cognitive impairment in multiple domains,” and requested an adjournment of the proceedings.

On January 26, 2026, the pretrial chamber rejected the defense’s arguments and found that Duterte was fit to take part in the confirmation of charges hearing. 

What rights does Duterte have during the confirmation of charges hearing? 

Duterte’s rights during this hearing are similar to his rights at trial. He is presumed innocent until proven guilty, and is entitled to a fair and expeditious hearing conducted impartially.

Ahead of the hearing, Duterte was provided with the document containing the charges sought by the prosecutor, as well as a list of the evidence the prosecutor intends to rely on at the hearing. The disclosure of this evidence has been ongoing for several months. 

What happens after the confirmation of charges hearing?

After the hearing, the pretrial chamber will have 60 days to issue a written decision. If the chamber decides that there are “substantial grounds to believe” that Duterte committed the alleged crimes, the charges will be confirmed, and the case will proceed to trial. 

If the judges decide that there is not enough evidence to confirm some or all of the charges, the prosecution can submit additional evidence and request a new confirmation of charges hearing.

Going back to La Viña’s column on February 13, 2026, the opinion writer noted that the confirmation of charges against Duterte is “not merely a procedural step”.

According to La Viña, it is a “message to the victims and their families that their grief has been heard, that their losses matter in the eyes of the international community”.

“For thousands who mourn loved ones lost to extrajudicial killings, this moment offers something beyond legal vindication: it offers recognition.”