Focus: Any alleged crime within the jurisdiction of the Court, including but not limited to the crime against humanity of murder, committed in the Philippines between 1 November 2011 and 16 March 2019 in the context of the so-called 'war on drugs' campaign.
ICC jurisdiction in the Philippines: 1 November 2011 to 16 March 2019. The Philippines’ withdrawal of the Rome Statute took effect on 17 March 2019, one year after the country gave notification of withdrawal.
Pre-Trial Chamber I
Judge Iulia Motoc (Presiding Judge)Judge Reine Alapini-Gansou
Judge Socorro Flores Liera
DOCUMENTS
Procedural history
On 15 September 2021, Pre-Trial Chamber I authorised the Prosecutor to commence an investigation of crimes within the jurisdiction of the Court allegedly committed on the territory of the Philippines between 1 November 2011 and 16 March 2019 in the context of the so-called 'war on drugs' campaign.
This authorisation followed the Prosecutor's request to open an investigation, initially submitted on 24 May 2021 and filed in public redacted version on 14 June 2021. The Chamber also received views on this request submitted by or on behalf of victims.
On 26 January 2023, following a careful analysis of the materials provided by the Philippines, Pre-Trial Chamber I granted the Prosecutor’s request to resume investigation into the Situation of the Republic of the Philippines.
Jurisdiction:
The Philippines, State party to the Rome Statute since 1 November 2011, deposited a written notification of withdrawal from the Statute on 17 March 2018. While the Philippines' withdrawal from the Statute took effect on 17 March 2019, the Court retains jurisdiction with respect to alleged crimes that occurred on the territory of the Philippines while it was a State Party, from 1 November 2011 up to and including 16 March 2019. While the relevant crimes appear to have continued after this date, Pre-Trial Chamber I noted that alleged crimes identified in the Article 15(3) Request were limited to those during the period when the Philippines was a State Party to the Statute and restricted the authorised investigation to that period.
Cases
On 10 February 2025, the Office of the Prosecutor of the ICC applied for an arrest warrant against Mr Duterte for the crimes against humanity of murder, torture and rape. ICC Pre-Trial Chamber I (“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 warrant of arrest against Mr Duterte was issued by the Chamber as “Secret” on 7 March 2025 and reclassified as “Public” on 11 March 2025. On 12 March 2025, Mr Duterte was surrendered to the International Criminal Court after being arrested by the authorities of the Republic of the Philippines in accordance with the warrant of arrest.
The initial appearance of Mr Duterte took place on 14 March 2025. Mr Duterte appeared in the hearing via video link, as authorised by the Chamber. On 8 September 2025, Pre-Trial Chamber I postponed the commencement of the confirmation hearing in the case, which had been initially scheduled to start on 23 September 2025.
Following a request from the Defence of Mr Duterte for an indefinite adjournment of the proceedings alleging that Mr Duterte is not fit to stand trial, the majority of the Chamber considered that a limited postponement of the hearing on the confirmation of charges was warranted to allow sufficient time to adjudicate the request and related matters.
On 26 January 2026, Pre-Trial Chamber I found Mr Rodrigo Roa Duterte fit to take part in the pre-trial proceedings and rejected the Defence’s request for an indefinite adjournment. Having regard to the relevant legal principles, the medical assessment of a panel of three independent medical experts and all of the relevant circumstances of the case, the Chamber was satisfied that Mr Duterte is able effectively to exercise his procedural rights and is therefore fit to take part in the pre-trial proceedings, which are thereby resumed.
The confirmation of charges hearing took place from 23 to 27 February 2026. After hearing the oral submissions of the Prosecutor, the Common Legal Representatives of the Victims and the Defence, the judges heard their respective closing statements. The hearing on the confirmation of charges took place in the absence of the suspect following the Chamber granting Mr Duterte's request to waive his right to attend the hearing.
On 23 April 2026, Pre-Trial Chamber I unanimously confirmed all the charges comprised of three counts of crimes against humanity brought by the Prosecutor against Rodrigo Roa Duterte and committed him to trial before a Trial Chamber.
Next steps: Upon the transfer of the case to a Trial Chamber, the Trial Chamber will decide on the next steps. Trials at the ICC are fair and impartial, and the Defence will have sufficient time to prepare its case, while respecting the rights of victims.
Public redacted version of ‘Decision on the confirmation of charges against Mr Rodrigo Roa Duterte’