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Advocates Philippines
Duterte's ICC Hearing Begins: Defense Urges Court To Return Former President To Philippines
FILE
THE HAGUE, Netherlands — Former Philippine President Rodrigo Duterte is facing a critical procedural step at the International Criminal Court (ICC), as the Pre-Trial Chamber I reviews whether there is sufficient evidence to proceed to trial on crimes against humanity charges tied to his war on drugs. The confirmation of charges hearing runs from Feb. 23 to Feb. 27, 2026.
Duterte waived his right to attend in person, and his defense team is representing him at the hearing. ICC spokesperson Oriane Maillet confirmed the waiver was voluntary and not due to health reasons. Family members are barred from in-person visits during the proceedings but can communicate with him by telephone.
Defense Statement: “Give Back to the Filipino People Their ‘Tatay Digong’”
In his opening statement, Duterte’s lead counsel Atty. Nicholas Kaufman described the case as politically motivated and urged the court to dismiss the charges.
“We hope that when you conclude your deliberations, Your Honors, that you will dismiss these grievously misplaced, politically motivated charges. We will ask you to send Rodrigo Duterte back to his family. We will ask you to give back to the Filipino people their ‘Tatay Digong’,” Kaufman said.
He also contrasted Duterte’s leadership with that of his successor, President Ferdinand Marcos Jr., saying:
“What a contrast between him and his successor in Malacañang. For President Duterte, his word was his word, and the people knew it. For President Bongbong Marcos, his word is for the wind — and the people will not forget it.”
Prosecution and Victim Reactions
Representing victims of the drug war, Filipino lawyer Joel Butuyan expressed disappointment over Duterte’s absence:
“We communicate the very deep disappointment of the victims at the decision allowing Rodrigo Duterte not to be present in this stage of confirmation of charges.”
ICC deputy prosecutor Mame Mandiaye Niang emphasized the importance of accountability:
“Unlike Mr. Duterte, who is represented by his counsel here today, they [the victims] were deprived of any form of due process. The loss of every single one of these victims had the most profound impact on their families, their friends, and ultimately their communities. Your Honor, while this court cannot reunite victims with their loved ones, it can help reveal the truth about what happened to them and bring a sense of justice to the victims… And Mr. Duterte must be held to account, and this case should be confirmed for trial.”
What Happens Next
The ICC judges will review the evidence presented during this confirmation of charges hearing, determining whether there are “substantial grounds” to proceed to trial. After the hearing ends, the judges have 60 calendar days to issue their decision.
The outcome of the ICC proceedings could have far-reaching legal and political implications for the Philippines and for international accountability for human rights violations.
Duterte waived his right to attend in person, and his defense team is representing him at the hearing. ICC spokesperson Oriane Maillet confirmed the waiver was voluntary and not due to health reasons. Family members are barred from in-person visits during the proceedings but can communicate with him by telephone.
Defense Statement: “Give Back to the Filipino People Their ‘Tatay Digong’”
In his opening statement, Duterte’s lead counsel Atty. Nicholas Kaufman described the case as politically motivated and urged the court to dismiss the charges.
“We hope that when you conclude your deliberations, Your Honors, that you will dismiss these grievously misplaced, politically motivated charges. We will ask you to send Rodrigo Duterte back to his family. We will ask you to give back to the Filipino people their ‘Tatay Digong’,” Kaufman said.
He also contrasted Duterte’s leadership with that of his successor, President Ferdinand Marcos Jr., saying:
“What a contrast between him and his successor in Malacañang. For President Duterte, his word was his word, and the people knew it. For President Bongbong Marcos, his word is for the wind — and the people will not forget it.”
Prosecution and Victim Reactions
Representing victims of the drug war, Filipino lawyer Joel Butuyan expressed disappointment over Duterte’s absence:
“We communicate the very deep disappointment of the victims at the decision allowing Rodrigo Duterte not to be present in this stage of confirmation of charges.”
ICC deputy prosecutor Mame Mandiaye Niang emphasized the importance of accountability:
“Unlike Mr. Duterte, who is represented by his counsel here today, they [the victims] were deprived of any form of due process. The loss of every single one of these victims had the most profound impact on their families, their friends, and ultimately their communities. Your Honor, while this court cannot reunite victims with their loved ones, it can help reveal the truth about what happened to them and bring a sense of justice to the victims… And Mr. Duterte must be held to account, and this case should be confirmed for trial.”
What Happens Next
The ICC judges will review the evidence presented during this confirmation of charges hearing, determining whether there are “substantial grounds” to proceed to trial. After the hearing ends, the judges have 60 calendar days to issue their decision.
The outcome of the ICC proceedings could have far-reaching legal and political implications for the Philippines and for international accountability for human rights violations.
Feb 23, 2026
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