Duterte Case at ICC Delayed as Judges Weigh Fitness to Stand Trial

The International Criminal Court (ICC) has postponed the start of the confirmation of charges hearing in the case of The Prosecutor v. Rodrigo Roa Duterte, granting more time to address questions over the former Philippine president’s fitness to stand trial.

Pre-Trial Chamber I, in a majority decision with Judge María del Socorro Flores Liera dissenting, vacated the scheduled September 23, 2025 opening of the hearing. The Chamber ruled that a limited postponement was warranted to adjudicate the defense’s request for an indefinite adjournment, which argued Duterte is unfit to participate in proceedings.

The prosecution and the Office of Public Counsel for Victims both opposed the defense request. Prosecutors, however, acknowledged that a brief adjournment might be necessary to allow the Chamber to rule on the issue.

The judges emphasized their duty under the Rome Statute to ensure the fair and expeditious conduct of proceedings while safeguarding the rights of the accused. They clarified that the delay would last only as long as needed to determine Duterte’s fitness.

Judge Flores Liera, in dissent, maintained that the defense motion should have been rejected outright, allowing the confirmation hearing to proceed without interruption.

The confirmation of charges hearing serves as a crucial step in ICC proceedings, determining whether there is sufficient evidence to establish substantial grounds to believe the accused committed the alleged crimes. If confirmed, the case would advance to trial before a separate chamber.

Duterte was surrendered to the Court on March 12, 2025, pursuant to a warrant of arrest. He made his first appearance two days later, when the confirmation hearing was originally set. The prosecution has already completed disclosure of evidence, and victims’ representatives have been granted participation rights.

The Chamber will issue a new scheduling order once it resolves the outstanding matters regarding Duterte’s fitness.