ICC Postpones Confirmation Hearing For Ex-President Rodrigo Duterte
THE HAGUE—The International Criminal Court (ICC) has announced the postponement of the confirmation hearing for former Philippine President Rodrigo Roa Duterte, which was originally scheduled to begin on September 23, 2025. Pre-Trial Chamber I of the court, in a majority decision issued on September 8, granted a request from Mr. Duterte's defense team for a limited delay to address a new matter.
The defense requested an indefinite adjournment of the proceedings, asserting that Mr. Duterte is not fit to stand trial. While the Chamber's majority, which did not include Judge María del Socorro Flores Liera, did not grant an indefinite postponement, it deemed a limited delay necessary. This will provide sufficient time for the court to fully consider and rule on the defense's request and other related issues. The Chamber will set a new date for the hearing once these matters are resolved.
Judge Flores Liera issued a dissenting opinion, arguing that the defense's request should have been rejected and the pre-trial proceedings should have continued as planned, including the confirmation of charges hearing.
The confirmation of charges hearing is a crucial step in the ICC process, intended to determine whether the prosecution has presented sufficient evidence to establish substantial grounds to believe that the accused committed the alleged crimes. If the charges are confirmed, the case proceeds to a Trial Chamber for the full trial.
Mr. Duterte was surrendered to the ICC on March 12, 2025, after being arrested by Philippine authorities in accordance with a secret warrant issued by the court on March 7. The warrant was made public on March 11. Mr. Duterte is facing charges of crimes against humanity of murder, torture, and rape. Pre-Trial Chamber I has found reasonable grounds to believe he is individually responsible for the crime against humanity of murder, allegedly committed in the Philippines between November 1, 2011, and March 16, 2019. Mr. Duterte made his initial appearance before the court via video link on March 14, 2025.
Meanwhile, the postponement has been met with mixed reactions, particularly from the victims and their legal representatives, who expressed significant disappointment.
Atty. Kristina Conti, who acts as an assistant to the counsel for the victims, expressed frustration over what she sees as a deliberate tactic by the defense. "They say they are waiting for some information, which we understand to mean they would not be fully ready for the scheduled confirmation of charges hearing on September 23, 2025. Clearly, the delay is not on our end," she stated, highlighting the perception that the defense is causing unnecessary holdups. She further described the "uncertainty" created by the defense as concerning, particularly for the victims.
Atty. Joel Butuyan, an ICC-accredited lawyer, echoed these concerns, linking the defense's actions to a pattern of delays. He noted that the defense has a habit of filing motions and then moving for a suspension of a ruling after the prosecution and victims' counsel have already filed their counter-arguments.
Butuyan also weighed in on the issue of interim release for Duterte, saying that web attacks by Duterte supporters on the presiding judge could negatively impact the judge's temperament. "I agree that it's going to affect the judges, especially on the issue of interim release, because the judges will see that the force of Duterte camp is so powerful that even the ICC could be subjected to bullying, harassment, and attempts to manipulate," he said. He believes this behavior will be a factor for the judges, as it suggests a risk of tampering with evidence and intimidating witnesses if interim release were granted.
