Tuesday, March 18, 2025

Rodrigo Duterte Faces the International Criminal Court

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Confirmation of Charges Hearing Scheduled for 23 September 2025

Former Philippine President Rodrigo Duterte was arrested on March 11, 2025, at Manila’s main airport upon his return from Hong Kong. His arrest followed a secret warrant issued by the International Criminal Court, bringing him into custody for charges related to crimes against humanity stemming from his administration’s controversial anti-drug campaign, which led to thousands of deaths.

Duterte was swiftly extradited to the Netherlands, where the ICC is based. On March 14, 2025, he made his initial appearance before the Pre-Trial Chamber of the ICC. The confirmation of charges hearing is scheduled for September 23, 2025. He is suspected of committing crimes against humanity, specifically murder, allegedly perpetrated in the Republic of the Philippines between November 1, 2011, and March 16, 2019.

In response to Duterte’s arrest, the Philippine Senate launched an investigation, led by Senator Imee Marcos, sister of incumbent President Ferdinand Marcos Jr. The inquiry aims to examine the circumstances surrounding the former president’s apprehension and extradition, sparking significant political debate in the country.

Pre-Trial Chamber of the ICC.

During his initial hearing, the Chamber verified Duterte’s identity and ensured that he was fully informed of the allegations against him, as well as his rights under the Rome Statute of the ICC, in a language he fully understands. He participated via video link from the ICC Detention Centre, as authorized by the Chamber. The hearing was attended by the ICC Prosecutor and the Defence. Duterte was represented by Mr. Salvador C. Medialdea and assisted by the Office of Public Counsel for the Defence.

The Chamber provisionally scheduled the confirmation of charges hearing for September 23, 2025. The purpose of this procedure is to determine whether there is sufficient evidence to establish substantial grounds to believe that Duterte committed the crimes he is suspected of. If the charges are confirmed, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial.

On February 10, 2025, the Office of the Prosecutor of the ICC applied for an arrest warrant against Duterte for the crimes against humanity of murder, torture, and rape. After reviewing the Prosecution’s evidence, the Chamber found reasonable grounds to believe that Duterte is individually responsible as an indirect co-perpetrator for the crime against humanity of murder. The alleged crimes occurred in the Philippines between November 1, 2011, and March 16, 2019.

The Chamber initially issued the arrest warrant under “Secret” classification on March 7, 2025. It was reclassified as “Public” on March 11, 2025, and Duterte was surrendered to the ICC by Philippine authorities on March 12, 2025. He remains in ICC custody awaiting further proceedings.

The Philippines had been a State Party to the ICC since November 1, 2011. However, the country deposited a written notification of withdrawal from the Rome Statute on March 17, 2018, which took effect on March 17, 2019. Despite this withdrawal, the ICC retains jurisdiction over crimes allegedly committed in the Philippines while it was still a State Party.

Duterte’s case marks a significant development in international law, as it demonstrates the ICC’s commitment to holding leaders accountable for alleged human rights violations. As the proceedings unfold, the case will continue to draw global attention, setting a precedent for justice and the rule of law on the international stage.

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