Elaine Pearson (@elainepearson.bsky.social)

Situation in the Philippines: Rodrigo Roa Duterte fit to take part in pre-trial proceedings; confirmation of charges hearing to open on 23 February 2026 Today, 26 January 2026, Pre-Trial Chamber I (“Chamber”) of the International Criminal Court (“ICC” or “the Court”) found Mr Rodrigo Roa Duterte fit to take part in the pre-trial proceedings and scheduled the commencement of the confirmation of charges hearing for 23 February 2026.The Defence had requested the indefinite adjournment of the proceedings, including the hearing on the confirmation of charges, based on its assertion that Mr Duterte was not fit to participate in the proceedings. The Chamber appointed a panel of three medical experts to undertake a medical examination of Mr Duterte and received the Panel’s reports on 5 December 2025, on which the Prosecution, the Defence and the Office of Public Counsel for Victims submitted observations.Having regard to the relevant legal principles, the medical assessment of the independent experts composing the Panel, 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 rejected the Defence’s request for an indefinite adjournment and set the date of the commencement of the confirmation of charges hearing for 23 February 2026.An order setting the schedule and directions for the hearing on the confirmation of charges will be issued in due course, including instructions regarding measures that the medical reports have recommended to facilitate Mr Duterte’s participation. The purpose of such hearing is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. If one or more of the charges are confirmed, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial.Practical information, in particular on how to attend or watch the proceedings, will be provided closer to the date of the hearing.Decision on the ‘Defence Request for an Indefinite Adjournment’ and Mr Duterte’s fitness to take part in the pre-trial proceedingsBackground: Mr Duterte is suspected of the crimes against humanity of murder and attempted murder, allegedly committed on the territory of the Republic of the Philippines between 1 November 2011 and 16 March 2019 in the context of the ‘war on drugs’ campaign. Following a request of the ICC Office of the Prosecutor, 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. On 12 March 2025, Mr Duterte was surrendered to the ICC after being arrested by the authorities of the Republic of the Philippines in accordance with the warrant of arrest.The initial appearance of Mr Duterte took place on 14 March 2025. On 8 September 2025, Pre-Trial Chamber I postponed the confirmation hearing, initially scheduled to start on 23 September 2025, to adjudicate the Defence’s Adjournment Request concerning Mr Duterte’s fitness to participate in the proceedings.Pre-Trial Chamber I is composed of Presiding Judge Iulia Antoanella Motoc and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera. For more information, please contact the ICC Public Affairs Unit: [email protected]. You can also follow the Court’s activities on Twitter/X, Facebook, YouTube, Instagram and Flickr https://www.icc-cpi.int/news/situation-philippines-rodrigo-roa-duterte-fit-take-part-pre-trial-proceedings-confirmation?fbclid=IwY2xjawPkZ05leHRuA2FlbQIxMABicmlkETFVV1lLOXRIY1BPMnR6clYxc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHvlEP_mgVvxkDSNHQKJuwHV7huKx_ZEhcUo9zTD7AQIHLtV9XZC55esW6S9a_aem_OImCRp3hsk3F9dmje6kI0g