Rodrigo Duterte’s path to a full International Criminal Court trial is now clear, and those closest to the proceedings say it could begin sooner than many expected.
ICC Assistant to Counsel Kristina Conti told GMA’s “Unang Balita” that a trial date could fall anywhere between October 2026 and February 2027. “We might be counting down in months, between 8 months to 1 year,” she said in mixed English and Filipino.
That estimate aligns with what Duterte’s own defense lawyer offered days earlier. In an April 22 interview, Nicholas Kaufman acknowledged the possibility of a trial, saying: “If the confirmation goes against the defense, we are in for a trial, and that trial may probably start at the beginning of 2027.”
The confirmation did go against the defense. On April 23, Pre-Trial Chamber I unanimously upheld all three counts of crimes against humanity — murder and attempted murder — formally committing Duterte to trial. A day before that ruling, the ICC Appeals Chamber had already dismissed his jurisdictional challenge, which had been his last legal avenue to have the case dismissed entirely.
The judges determined there were substantial grounds to believe Duterte bore criminal responsibility for at least 76 murders and two attempted murders across 49 incidents, committed as part of a systematic attack on civilians during his administration’s anti-illegal drugs campaign.
With both rulings now on record, ICC Assistant to Counsel Ross Tugade explained that the case moves from the pre-trial chamber to a newly formed trial chamber composed of a different set of judges. That chamber will convene status conferences where prosecutors, defense lawyers, and victim representatives will determine what evidence is admissible and which witnesses will be called.
Tugade identified the victim legal team as a distinct body from the prosecution — led by the Office of the Public Counsel for Victims alongside Filipino lawyers Atty. Joel Butuyan, Atty. Gilbert Andres, and case manager Nicolene Arcaina. A total of 539 drug war victims have been formally recognized by the court.
On the question of appeals, an ICC briefer clarified that Duterte’s team is not automatically entitled to challenge the confirmation ruling — they would first need to request authorization from the chamber.
Duterte’s legal designation has also formally shifted. He is no longer categorized as a “suspect” under ICC procedure but is now an “accused,” which activates the full range of due process protections under the Rome Statute, including the presumption of innocence.
The Rome Statute requires the accused to be present for trial, though the court permits attendance by video or livestream as an alternative to appearing in person.
