By Bulatlat Staff
The International Criminal Court (ICC) case against Rodrigo Roa Duterte tracks the fight for justice by the families of the ‘war on drugs’ victims, and how Duterte has attempted to evade accountability.
Ratification and Jurisdiction
- 30 August 2011: The Republic of the Philippines deposits its instrument of ratification for the Rome Statute.
- 1 November 2011: The Rome Statute officially enters into force for the Philippines.
Preliminary Phase and Withdrawal
- 8 February 2018: ICC Prosecutor Fatou Bensouda announces the opening of a preliminary examination into the “Situation in the Philippines,” focusing on crimes allegedly committed during the “war on drugs”.
- 17 March 2018: The Philippine government deposits its written notification of withdrawal from the Statute.
- 17 March 2019: The withdrawal officially takes effect exactly one year after the notice was deposited. However, the ICC retains jurisdiction over all alleged crimes committed while the country was a State Party, covering the period from 1 November 2011 up to 16 March 2019.
Investigation and Deferral Phase
- 24 May 2021: Prosecutor Bensouda requests judicial authorization from the Pre-Trial Chamber to open a formal investigation.
- 15 September 2021: Pre-Trial Chamber I authorizes the commencement of the investigation into crimes against humanity in the context of the anti-drug campaign.
- 10–18 November 2021: The Philippine government files a deferral request, arguing that domestic mechanisms are already investigating the drug war killings; this leads to a temporary suspension of the ICC’s investigative activities.
- 24 June 2022: Prosecutor Karim Khan requests the Chamber to resume the investigation, concluding that domestic efforts do not mirror the scope or depth of the ICC’s probe.
- 26 January 2023: The Chamber authorizes the resumption of the investigation, finding that domestic initiatives do not amount to tangible, concrete, and progressive steps toward justice.
- 18 July 2023: The Appeals Chamber confirms the resumption of the investigation, rejecting the Philippine government’s appeal against the earlier decision.
Arrest and Pre-Trial Proceedings (2025–2026)
- 7 March 2025: Pre-Trial Chamber I issues a warrant of arrest for Rodrigo Roa Duterte for the crime against humanity of murder.
- 11 March 2025: Duterte is arrested at Ninoy Aquino International Airport in Manila upon his arrival from Hong Kong.
- 12 March 2025: Duterte is surrendered to the Court and enters ICC custody at the detention facility in The Hague.
- 14 March 2025: Duterte makes his initial appearance before Pre-Trial Chamber I, where his identity is verified and he is informed of the charges and his rights.
- 1 May 2025: The defense files a challenge to the Court’s jurisdiction, arguing the ICC lost its authority to act after the withdrawal became effective.
- 12 June 2025: Duterte’s legal team files an urgent request for interim release, citing his advanced age of 80 and his medical condition.
- 4 July 2025: The Prosecution files the Document Containing the Charges (DCC), formally charging Duterte with three counts of crimes against humanity involving murder and attempted murder.
- 24 September 2025: Pre-Trial Chamber I appoints a panel of medical experts to assess the medical conditions of Duterte and determine findings, conclusions, or recommendations which relate to Duterte’s ability to follow and take part in the pre-trial proceedings.
- 26 September 2025: Pre-Trial Chamber I denies Duterte’s request for interim release, citing the risk that he might abscond or obstruct proceedings due to his enduring political network.
- 23 October 2025: The Pre-Trial Chamber rejects the defense’s jurisdictional challenge, affirming that the Court retains power over matters that were already under consideration (the preliminary examination) prior to the withdrawal.
- 28 November 2025: The Appeals Chamber unanimously confirms the denial of interim release, keeping Duterte in detention at the Scheveningen Prison.
- 4 December 2025: The ICC Registry received the joint and individual reports of the Panel. It coordinated with the Defence (Duterte) regarding the confidentiality of the information contained in the reports.
- 5 December 2025: The ICC Registry transmits the joint and individual reports of the panel of experts to the Pre-Trial Chamber I, which are crucial to determine Duterte’s fitness to trial.
- 19 December 2025: The Office of Public Counsel for Victims (OPCV) requests the ICC Pre-Trial Chamber I to re-open the application process for victims wishing to participate in the confirmation of charges hearing since the Prosecution still has clarification on the scope of the case.
- 26 January 2026: The Pre-Trial Chamber I rules that Duterte is fit to take part in pre-trial hearings, based on the assessment of medical experts’ report last year.
- The Pre-Trial Chamber I rejects the OPCV Request to re-open the application process for victims participation, stating that “further delaying the proceedings to consider the participation of additional victim applicants would disproportionately affect the rights of the suspect under article 67 of the Statute and the right of victims to expeditious proceedings.
- 11 February 2026: Duterte’s team filed a request for the disqualification of three Filipino lawyers, namely Joel butuyan, Gilbert Andres, and case manager Nicole Arcaina, as external legal representatives of the admitted victims of the ICC case on the basis of “conflict of interest.”
- 13 February 2026: Pre-Trial Chamber I issues a second decision on victims’ participation, authorizing 500 additional applicants to participate as victims in the proceedings.
- 18 February 2026: Duterte submits a written request to waive his right to be present at the confirmation of charges hearing, denying that he spearheaded the policy of extrajudicial killings and refusing to recognize the jurisdiction of the International Criminal Court.
- 20 February 2026: The Pre-Trial Chamber I grants Duterte’s request to waive his right to be present but clarifies that the claims of Duterte are “speculative, no impact on the proceedings, and irrelevant.”
- On the same day, the Pre-Trial Chamber I decides to reject Duterte’s request to disqualify Butuyan, Andres, and Arcaina in the case as external legal representatives of the victims.
- 23 February 2026: The start of confirmation of charges hearing of Rodrigo Duterte on his alleged crimes against humanity of murder.
Disclosure: The author used Bulatlat’s NotebookLM Archives on ‘War on Drugs’ in drafting the timeline.
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