Rodrigo Roa Duterte · international criminal law · crimes against humanity · criminal prosecution · jurisdiction
Is Rodrigo Duterte on trial at the International Criminal Court?
He has been committed to trial but the trial has not started. On 23 April 2026 ICC Pre-Trial Chamber I unanimously confirmed all charges, three counts of murder and attempted murder as crimes against humanity allegedly committed in the 'war on drugs' campaign between 1 November 2011 and 16 March 2019. That decision found substantial grounds to believe he is responsible and is not a verdict. The Appeals Chamber affirmed the court's jurisdiction by majority on 22 April 2026. Trial Chamber III found him fit to stand trial in a decision made public on 8 October 2026, and the trial is scheduled to open on 30 November 2026. He has been in ICC custody since 12 March 2025 and denies the charges.
Last verified 30 October 2026. International Criminal Court · Philippines
The record at a glance
| What was alleged? | The ICC Prosecutor alleges that Duterte, as Mayor of Davao City and later as President, is criminally responsible for murders and attempted murders committed as part of a widespread and systematic attack against civilians in the context of the anti-drug campaign between 1 November 2011 and 16 March 2019, through indirect co-perpetration, ordering or inducing, and aiding or abetting, according to reports of the confirmation decision.1,2,3 |
|---|---|
| Who made the claim? | Office of the Prosecutor, International Criminal Court, 23 April 2026 |
| How did Rodrigo Duterte respond? | Duterte denies the charges, according to AFP, AP and Reuters reporting carried by Al Jazeera. His defence challenged the court's jurisdiction, arguing that the Philippines' 2019 withdrawal from the Rome Statute left no legal basis to proceed, and argued that memory loss made him unfit to stand trial. Both challenges were rejected. In a video posted after his arrest he said he had told the police and military it was his job and that he was responsible, and that the case would be a long legal proceeding, according to Al Jazeera. No plea has yet been entered at trial.4,5,6,7 (the subject's position) |
| Was there an official finding? | Charges of murder and attempted murder as crimes against humanity were confirmed on 23 April 2026 and Duterte was committed to trial.1 The ICC Appeals Chamber, by majority, affirmed the court's jurisdiction over the case on 22 April 2026.9 Trial Chamber III found him fit to stand trial and the opening of trial is scheduled for 30 November 2026.8 |
| Was liability determined? | Not yet. Proceedings are pending. Charges confirmed and accused committed to trial. Confirmation of charges is not a verdict and Duterte is presumed innocent.1,8 |
| What changed later? | As of 30 October 2026 Duterte is detained in The Hague awaiting trial, with the opening before Trial Chamber III scheduled for 30 November 2026.7,8,11 |
| When was this checked? | 30 October 2026 |
What was alleged?
The ICC Prosecutor alleges that Duterte, as Mayor of Davao City and later as President, is criminally responsible for murders and attempted murders committed as part of a widespread and systematic attack against civilians in the context of the anti-drug campaign between 1 November 2011 and 16 March 2019, through indirect co-perpetration, ordering or inducing, and aiding or abetting, according to reports of the confirmation decision.1,2,3
Made by Office of the Prosecutor, International Criminal Court on 23 April 2026.
What did Rodrigo Duterte say?
Duterte denies the charges, according to AFP, AP and Reuters reporting carried by Al Jazeera. His defence challenged the court's jurisdiction, arguing that the Philippines' 2019 withdrawal from the Rome Statute left no legal basis to proceed, and argued that memory loss made him unfit to stand trial. Both challenges were rejected. In a video posted after his arrest he said he had told the police and military it was his job and that he was responsible, and that the case would be a long legal proceeding, according to Al Jazeera. No plea has yet been entered at trial.4,5,6,7
"I have been telling the police, the military, that it was my job and I am responsible"
Rodrigo Duterte, video posted on his Facebook page (as reported by Al Jazeera), 13 March 2025. This is the subject's own account, not a finding.
What do independent records show?
Warrant of arrest for murder as a crime against humanity and surrender to the Court
International Criminal Court (Pre-Trial Chamber I), 12 March 2025
The warrant was issued under seal on 7 March 2025 and made public on 11 March 2025, when Duterte was arrested in Manila. He was surrendered to the ICC on 12 March 2025 and made his initial appearance on 14 March 2025.1,5,8
Judgment on the defence appeal on jurisdiction
ICC Appeals Chamber (Judges Carranza, Akane, Bossa, Lordkipanidze, Damdin), 22 April 2026
By majority rejected the defence appeal in its entirety and confirmed Pre-Trial Chamber I's decision of 23 October 2025 that the court may exercise jurisdiction over alleged crimes committed in the Philippines from 1 November 2011 to 16 March 2019, while it was a State Party. Judge Lordkipanidze appended a partly dissenting opinion.4,9
Decision on the confirmation of charges
ICC Pre-Trial Chamber I, 23 April 2026
Unanimously confirmed all charges, three counts of crimes against humanity of murder and attempted murder under article 7(1)(a) of the Rome Statute, finding substantial grounds to believe Duterte is responsible, and committed him to trial. 539 victims were authorised to participate.1,2,3
Status conference and scheduling decision
ICC Trial Chamber III, 27 May 2026
Scheduled the opening of the trial for 30 November 2026. The Presidency had constituted Trial Chamber III on 24 April 2026.8,10
Decision on fitness to stand trial, dated 28 September 2026 and made public on 8 October 2026
ICC Trial Chamber III, 8 October 2026
Found Duterte fit to stand trial on the basis of an independent panel of experts, which unanimously found he can understand the charges, follow the proceedings and instruct counsel, and ordered continuous monitoring of his health.6,7,8
What was established?
- Charges of murder and attempted murder as crimes against humanity were confirmed on 23 April 2026 and Duterte was committed to trial.1
- The ICC Appeals Chamber, by majority, affirmed the court's jurisdiction over the case on 22 April 2026.9
- Trial Chamber III found him fit to stand trial and the opening of trial is scheduled for 30 November 2026.8
Distinctions that matter here
- Confirmation of charges means the judges found substantial grounds to believe the accused committed the crimes. It is not a finding of guilt.
- A statement accepting responsibility for a policy is not a plea of guilty to the charges.
- The Philippines' withdrawal from the Rome Statute took effect on 17 March 2019. The Appeals Chamber held by majority that the court keeps jurisdiction over alleged crimes committed before then.
Was liability determined?
Not yet. Proceedings are pending. Charges confirmed and accused committed to trial. Confirmation of charges is not a verdict and Duterte is presumed innocent.1,8
What remains unresolved?
- Whether Duterte is criminally responsible will be decided only at trial.
- The schedule and directions for the opening of trial were to be issued by the judges in due course, according to the ICC on 8 October 2026.
What is the current status?
As of 30 October 2026 Duterte is detained in The Hague awaiting trial, with the opening before Trial Chamber III scheduled for 30 November 2026.7,8,11
As of 30 October 2026. Next known step: 30 November 2026 trial opening, ICC Trial Chamber III.
Timeline
- Pre-Trial Chamber I issues a warrant of arrest under seal.1
- Warrant is made public and Duterte is arrested in Manila.1,5
- He is surrendered to the ICC in The Hague.1,5
- Confirmation of charges hearing opens and runs to 27 February 2026, with Duterte having waived attendance.1
- Appeals Chamber affirms jurisdiction.9
- Pre-Trial Chamber I confirms all charges and commits him to trial.1
- Trial Chamber III sets the trial opening for 30 November 2026.8,10
- ICC makes public Trial Chamber III's decision of 28 September 2026 finding him fit to stand trial.7,8
Sources
- International Criminal Court, ICC Pre-Trial Chamber I confirms all charges against Rodrigo Roa Duterte and commits him to trial, 23 April 2026 · document record Court, legislation, official register or regulator record
- JURIST, ICC confirms charges against Philippines ex-president Duterte, 23 April 2026 Independent reporting
- Manila Bulletin, ICC confirms charges vs Duterte, orders trial to proceed, 23 April 2026 Independent reporting
- The Philippine Star, Four grounds of appeal: How ICC rejected Duterte's dismissal pleas, 23 April 2026 Independent reporting
- Al Jazeera, Duterte takes responsibility for Philippines drug war in video message, 13 March 2025 Independent reporting
- Ghana News Agency, Former Philippine President Duterte fit to stand trial, ICC says, 9 October 2026 Independent reporting
- Al Jazeera, Philippines ex-President Duterte fit to stand trial, ICC rules, 8 October 2026 Independent reporting
- International Criminal Court, Situation in the Philippines: Rodrigo Roa Duterte fit to stand trial, 8 October 2026 · document record Court, legislation, official register or regulator record
- International Criminal Court, ICC Appeals Chamber confirms jurisdiction in Duterte case, 22 April 2026 · document record Court, legislation, official register or regulator record
- Manila Bulletin, ICC sets Duterte trial on November 30, 28 May 2026 Independent reporting
- The Star (Malaysia), Former Philippine President expected to appear in 4th ICC status conference, 13 October 2026 Independent reporting
Revision history
- 30 October 2026: First published after source verification.
Related: Rodrigo Roa Duterte, international criminal law, crimes against humanity, criminal prosecution, jurisdiction, International Criminal Court, Philippines. To submit a document or request a correction, see right of reply.