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ICC holds off on Duterte confirmation hearing

The International Criminal Court (ICC) has postponed the confirmation of charges hearing against former Philippine president Rodrigo Duterte, after his lawyers asked for an indefinite adjournment claiming he is not fit to stand trial.

In a decision dated September 8, Pre-Trial Chamber I vacated the September 23 schedule of the hearing and said it will set a new date once it resolves Duterte’s motion and related issues.

The majority of the chamber, composed of Presiding Judge Iulia Antoanella Motoc and Judge Reine Adélaïde Sophie Alapini-Gansou, stressed that the postponement would be limited.

“The Majority… considers that a limited postponement of the hearing on the confirmation of charges is warranted to allow sufficient time to adjudicate the Adjournment Request,” the ruling stated.

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The defense filed its motion on August 18, seeking to suspend “all legal proceedings” on grounds that Duterte cannot participate in the case.

The prosecution opposed an indefinite adjournment but said a short delay may be acceptable. The Office of Public Counsel for Victims also rejected the request.

Judge María del Socorro Flores Liera dissented, saying the chamber should have proceeded with the confirmation hearing as scheduled.

“I am of the view that the Request should have been rejected and the pre-trial proceedings continued, including the confirmation of charges hearing,” she wrote in her opinion.

The confirmation of charges hearing is a key step to determine whether there is enough evidence to believe Duterte committed crimes against humanity. If at least one charge is confirmed, the case moves to trial.

Duterte faces allegations of murder, torture, and rape in connection with killings in the Philippines between November 2011 and March 2019.

The ICC issued a secret arrest warrant on March 7, 2025, which was made public days later. Philippine authorities arrested Duterte and surrendered him to the court on March 12. He appeared for the first time before the judges on March 14 via video link.
The chamber has ordered the prosecution to file public redacted versions of its submissions by September 22 while deliberations on Duterte’s fitness continue.

A new date for the hearing will be announced once the judges complete their review.

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