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Situation in the Republic of the Philippines The Prosecutor v. Rodrigo Roa Duterte ICC-01/21-01/25 Updated: February 2026
Suspected of the crimes against humanity of murder and attempted murder, allegedly committed in the Republic of the Philippines between 1 November 2011 and 16 March 2019. Surrendered to the custody of the International Criminal Court (ICC) on 12 March 2025. Confirmation of charges hearing to open on 23 February 2026.
Rodrigo Roa Duterte
Date of birth: 28 March 1945
Nationality: national of the Republic of the Philippines
Function(s) at the time of the alleged crimes: President of the Philippines, Mayor of Davao City, Vice Mayor of Davao City, and allegedly the founder and head of the Davao Death Squad (‘DDS’).
Arrest warrant: issued on 7 March 2025
Surrender to ICC Custody: 12 March 2025
Initial appearance: 14 March 2025
Confirmation of charges hearing: scheduled on 23-27 February 2026
ALLEGED CRIMES
According to the Prosecution’s submission of the Document Containing the Charges, Mr Duterte is suspected of 3 counts of crimes against humanity allegedly committed from at least 1 November 2011 to 16 March 2019 in the Philippines:
- Count 1: Murders in or around Davao City during the Mayoral period by the Davao Death Squad
- Count 2: Murders of High-Value Targets during the Presidential period
- Count 3: Murders and attempted murders in barangay clearance operations during the Presidential period.
Key judicial developments OPENING OF THE INVESTIGATION
On 24 May 2021, the Office of the Prosecutor of the ICC (“the Prosecution”) requested authorisation from the Chamber to initiate an investigation into crimes allegedly committed on the territory of the Philippines in the context of the “war on drugs” campaign waged by the Government of the Philippines between 1 November 2011 and 16 March 2019. On 14 June 2021, the Prosecution’s request was made public. On 15 September 2021, Pre-Trial Chamber I authorised the investigation.
On 18 July 2023, following the Philippine authorities’ request for deferral and the subsequent temporary suspension of the investigative activities, the ICC Appeals Chamber delivered its judgment which confirmed the Chamber’s decision granting authorisation to the Prosecution to resume the investigation in relation to the situation in the Philippines.
The Philippines, an ICC State Party since 1 November 2011, deposited a written notification of withdrawal from the Statute on 17 March 2018. Under article 127 of the Statute, that withdrawal took effect on 17 March 2019. Nevertheless, the ICC retains jurisdiction over crimes allegedly committed in the Philippines while the country was a State Party to the Statute.
WARRANT OF ARREST
On 10 February 2025, the Prosecution applied for an arrest warrant against Mr Duterte for the crimes against humanity of murder, torture and rape. Having assessed the material submitted by the Prosecution, Pre-Trial Chamber I 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.
SURRENDER
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 issued by Pre-Trial Chamber I. He is currently in ICC custody.
INITIAL APPEARANCE
The initial appearance of Mr Duterte took place on 14 March 2025 before Pre-Trial Chamber I. Mr Duterte appeared in the hearing via video link from the ICC Detention Centre, as authorised by the Chamber. The Chamber verified the identity of the suspect and ensured that he was clearly informed of the crimes he is alleged to have committed and of his rights under the Rome Statute of the ICC in a language he fully understands and speaks.
CONFIRMATION OF CHARGES HEARING
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 Chamber has scheduled the confirmation of charges hearing for 23 to 27 February 2026. The purpose of the confirmation of charges procedure is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed the crimes he or she is suspected of. If the charges are confirmed, totally or partly, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial. The Chamber will issue its decision on the confirmation of charges within 60 days after the confirmation hearing.
VICTIMS PARTICIPATION
The judges have allowed victims to participate in the proceedings. In this case, the judges appointed Joel Butuyan and Gilbert Andres, as well as Paolina Massidda of the Office of the Public Counsel for Victims (OPCV) as a single team of common legal representatives for any admitted victims.
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Composition of Pre-Trial Chamber I
Judge Iulia Antonella Motoc (Presiding Judge) Judge Reine Adélaïde Sophie Alapini-Gansou Judge María del Socorro Flores Liera
Representation of the Office of the Prosecutor
Mame Mandiaye Niang, Deputy Prosecutor
Defence Counsel
Nicholas Kaufman, Lead Counsel
Dov Jacobs, Associate Counsel Legal
Representatives of the Victims
Joel Butuyan
Gilbert Andres
Paolina Massidda
Webstreaming of the hearing:
The hearing can be followed with a 30-minute delay on the ICC website (Courtroom I), as well as on the ICC Facebook accounts and on the ICC YouTube Channel.
