The Hague, Netherlands – 14 March 2025
Rodrigo Roa Duterte, former President of the Republic of the Philippines, has made his first formal appearance before Pre-Trial Chamber I of the International Criminal Court (ICC). His appearance marks a significant development in the ongoing judicial process regarding allegations of grave human rights violations committed during his tenure. Mr. Duterte is suspected of committing crimes against humanity, specifically murder, in relation to actions allegedly carried out in the Philippines between 1 November 2011 and 16 March 2019.
Key Proceedings of the Initial Hearing
During the hearing, the Pre-Trial Chamber verified Mr. Duterte’s identity and ensured that he was fully informed of the specific allegations brought against him. He was also reminded of his rights under the Rome Statute, the treaty that established the ICC, and was provided the necessary legal and linguistic assistance to ensure he comprehended the nature of the proceedings in a language he fluently speaks and understands.
Mr. Duterte attended the hearing via video link from the ICC Detention Centre, a measure that was authorized by the Chamber. The session was conducted in the presence of the ICC Prosecutor, the Defence, and other legal representatives. Mr. Duterte was legally represented by Mr. Salvador C. Medialdea, a former Executive Secretary of the Philippines, with additional support provided by the Office of Public Counsel for the Defence.
As part of the procedural steps, the Chamber has tentatively scheduled the confirmation of charges hearing for 23 September 2025. This hearing serves a critical function in the judicial process, as it will determine whether the Prosecution has gathered sufficient evidence to establish substantial grounds to believe that Mr. Duterte committed the alleged crimes. If the Chamber finds the evidence compelling, the case will be transferred to a Trial Chamber, which will oversee the next phase of the proceedings: the full trial.
Background: The ICC’s Investigation and Arrest Warrant
The ICC’s legal action against Mr. Duterte follows a years-long investigation into allegations of extrajudicial killings, systematic attacks, and state-sanctioned violence during his tenure as Mayor of Davao City and later as President of the Philippines.
On 10 February 2025, the Office of the Prosecutor of the ICC formally applied for an arrest warrant against Mr. Duterte, citing crimes against humanity, including murder, torture, and rape. The application was reviewed by the Pre-Trial Chamber, which assessed the evidence and determined that there were reasonable grounds to believe that Mr. Duterte bore individual criminal responsibility as an indirect co-perpetrator in the crime against humanity of murder. The alleged crimes were committed in the Philippines during the period in which the country was still a State Party to the Rome Statute.
As a result, the Chamber issued a “Secret” arrest warrant on 7 March 2025, which was later reclassified as “Public” on 11 March 2025. The warrant was swiftly executed by Philippine authorities, leading to Mr. Duterte’s arrest on 12 March 2025. Following his apprehension, he was surrendered to the ICC and placed in ICC custody, where he remains as legal proceedings progress.
Warrant of Arrest for Mr Rodrigo Roa Duterte
ICC’s Jurisdiction Over the Philippines
The Republic of the Philippines became a State Party to the ICC on 1 November 2011, thereby subjecting it to the jurisdiction of the Court. However, under the administration of President Duterte, the Philippines formally initiated its withdrawal from the Rome Statute on 17 March 2018, a process that was finalized one year later, on 17 March 2019.
Despite the withdrawal, the ICC retains jurisdiction over crimes that were allegedly committed while the Philippines was still a State Party to the Statute (2011-2019). As such, any violations of international law that occurred within this timeframe remain within the purview of the ICC’s legal mandate.
The case against Mr. Duterte is expected to set a landmark precedent for international justice, particularly concerning accountability for former heads of state and the legal consequences of systematic human rights violations.
With the confirmation of charges hearing now formally scheduled, the ICC’s legal process moves closer to determining whether Rodrigo Roa Duterte will stand trial for crimes against humanity before an international tribunal.
