The International Criminal Court (ICC) has postponed the confirmation of charges hearing against former Philippine president Rodrigo Duterte after a request from the defense, but the move has sparked division within the court.
In a public redacted dissenting opinion dated September 8, 2025, Judge María del Socorro Flores Liera expressed her strong disagreement with the decision to delay the proceedings in order to address the defense’s plea for an indefinite adjournment on grounds relating to Duterte’s fitness to stand trial.
“I respectfully disagree with my colleagues’ decision to postpone the hearing… I am of the view that the Request should have been rejected and the pre-trial proceedings continued, including the confirmation of charges hearing,” Judge Flores stated.
She emphasized that under the Rome Statute, pre-trial and trial stages serve different purposes, with the confirmation of charges hearing limited to determining whether there is enough evidence to establish substantial grounds to proceed with a trial. Matters such as the accused’s fitness, she stressed, are for the Trial Chamber to assess, not the Pre-Trial Chamber.
The dissenting opinion argued that Article 61(7) of the Statute strictly outlines three possible outcomes for a confirmation hearing: confirming charges with sufficient evidence, declining charges with insufficient evidence, or adjourning for further investigation. Judge Flores noted that any assessment of Duterte’s condition should only take place after the confirmation of charges has been decided.
“In light of the above and considering the Chamber’s duty to ensure the expeditiousness of the proceedings, the Chamber should have proceeded with addressing the Request by rejecting it,” she concluded, urging that the confirmation hearing should not have been put on hold.
The case before the ICC stems from accusations related to extrajudicial killings during Duterte’s administration.
