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Prosecutor v. Duterte

The Prosecutor v. Rodrigo Roa Duterte

Duterte faces International Criminal Court trial over alleged drug-war killings

Status
ActiveCriminal / Enforcement Action
Score
45.0Provisional, impact not rated yet
Latest event
Oct 8, 20263 weeks ago
Next step
Nov 30, 2026Trial scheduled to open before Trial Chamber III
Commenced
Feb 10, 20251 yr 8 mo ago
Court
International Criminal Court, Trial Chamber IIIICC-01/21-01/25

Prosecutors at the International Criminal Court (ICC) charge former Philippine president Rodrigo Duterte with three counts of crimes against humanity. The charges of murder and attempted murder concern alleged killings in his anti-drug campaign from 2011 to 2019. Trial Chamber III has found him fit to stand trial, and the trial is scheduled to open in The Hague on November 30, 2026.

Latest development Oct 8, 2026

On October 8, 2026, Trial Chamber III of the International Criminal Court made public its decision, dated September 28, that Duterte is fit to stand trial. It relied on an independent expert panel, rejected the defense’s requests for further medical assessments, and ordered continuous medical monitoring. The trial is scheduled to open on November 30, 2026.

Why it matters

The Appeals Chamber confirmed that the International Criminal Court can try crimes alleged while a state was party to the Rome Statute, even after that state withdrew. The trial will examine alleged killings in the Philippine anti-drug campaign under a former head of state.

Background

Rodrigo Roa Duterte was president of the Philippines from June 2016 to June 2022. The charges cover alleged murders and attempted murders in his “war on drugs” between November 1, 2011, and March 16, 2019. The Philippines was then a party to the Rome Statute. The Prosecutor of the International Criminal Court (ICC) applied for an arrest warrant on February 10, 2025, and Pre-Trial Chamber I issued it under seal on March 7, 2025. Duterte was arrested in the Philippines on March 11, 2025, and surrendered to the ICC the next day. He first appeared by video link on March 14, 2025.

The defense challenged the court’s jurisdiction, citing the Philippines’ withdrawal from the Rome Statute. Pre-Trial Chamber I ruled in October 2025 that the court can prosecute crimes committed while the Philippines was a state party. The Appeals Chamber upheld that ruling on April 22, 2026. The confirmation hearing set for September 23, 2025, was postponed over questions about Duterte’s fitness. On January 26, 2026, the chamber found him fit to take part in pre-trial proceedings. The confirmation hearing ran from February 23 to 27, 2026, in his absence at his request. On April 23, 2026, the chamber unanimously confirmed all three counts and committed him to trial.

The ICC Presidency constituted Trial Chamber III, presided by Judge Joanna Korner, on April 24, 2026. On May 27, 2026, the chamber set the opening of the trial for November 30, 2026, and it later appointed an independent panel of experts to assess his fitness. In a decision dated September 28, 2026, and made public on October 8, it found him fit to stand trial. It rejected the defense’s requests for further medical examinations, questioning of the experts, and an oral hearing. It ordered continuous medical monitoring, with any change reported to the chamber at once, and adapted sitting hours.

Timeline 11 events

  1. Scheduled hearing
    Trial scheduled to open before Trial Chamber III

    The chamber allotted the prosecution six hours and the victims’ legal representatives three hours for opening statements.

    International Criminal Court: Opening of the Duterte trial, practical informationBusinessMirror: Duterte to skip last ICC pre-trial hearing

  2. Order
    Trial Chamber III finds Duterte fit to stand trial

    The decision, dated September 28, 2026, relied on a unanimous expert panel and ordered continuous medical monitoring and adapted sitting hours.

    VERA Files: Duterte fit to stand trialGMA News: ICC says experts found Duterte’s health improved

  3. Hearing
    Duterte appears in person at a status conference

    It was his first appearance in person since his surrender in March 2025. He attended another status conference on October 13, 2026.

    BusinessMirror: Duterte to skip last ICC pre-trial hearing

  4. Order
    Trial Chamber III sets the trial to open on November 30, 2026

    The ICC Presidency had constituted the chamber, with Judges Joanna Korner, Keebong Paek, and Nicolas Guillou, on April 24, 2026.

    Kohen Avocats: Duterte fit to stand trialCoalition for the ICC: Duterte case

  5. Judgment
    Pre-Trial Chamber I confirms all charges and commits Duterte to trial

    The chamber unanimously confirmed three counts of crimes against humanity of murder and attempted murder covering November 1, 2011, to March 16, 2019.

    International Criminal Court: Pre-Trial Chamber I confirms all chargesCoalition for the ICC: Duterte case

  6. Appeal
    Appeals Chamber upholds the court’s jurisdiction over the case

    It rejected the defense’s appeal against Pre-Trial Chamber I’s October 2025 decision on jurisdiction.

    Coalition for the ICC: Duterte case

  7. Hearing
    Confirmation of charges hearing opens in Duterte’s absence

    The chamber granted his request to waive attendance. The hearing ran until February 27, 2026.

    Coalition for the ICC: Duterte case

  8. Order
    Chamber finds Duterte fit to take part in pre-trial proceedings

    Pre-Trial Chamber I rejected the defense’s request for an indefinite adjournment and set the confirmation hearing for February 23, 2026.

    International Criminal Court: Duterte fit to take part in pre-trial proceedingsKohen Avocats: Duterte fit to stand trial

  9. Order
    Pre-Trial Chamber I postpones the confirmation hearing

    The hearing had been set for September 23, 2025. The defense had sought an indefinite adjournment, arguing that Duterte was unfit.

    Kohen Avocats: Duterte fit to stand trial, the October 8, 2026 decision

  10. Order
    Duterte is surrendered to the International Criminal Court

    He was arrested in the Philippines on March 11, 2025, and detained in The Hague. He first appeared by video link on March 14, 2025.

    VERA Files: Duterte fit to stand trialCoalition for the ICC: Duterte case

  11. Order
    Pre-Trial Chamber I issues a sealed arrest warrant for Duterte

    The Prosecutor had applied on February 10, 2025. The warrant was made public on March 11, 2025.

    Coalition for the ICC: Duterte case