The International Criminal Court (ICC) Trial Chamber III has mandated all concerned parties to submit their observations regarding the ongoing detention of former Philippine President Rodrigo Duterte by May 8, 2026.
The order, issued on May 1, comes shortly after the court’s landmark decision to confirm crimes against humanity charges against the 81-year-old former leader, officially moving the case into the trial phase.
“The Chamber observes that, pursuant to the statutory framework, the Accused’s pre-trial detention shall be reviewed at least every 120 days,” the ICC stated in its order.
“In light of the developments following the annual hearing, the Chamber considers it necessary to give the parties and participants the opportunity to submit any observations they may have regarding the Accused’s continued detention or release, with or without conditions, including the existence of any changed circumstances.”
KEY PROCEEDINGS AND CHARGES
The court has scheduled a status conference for May 27, 2026, to discuss the logistics of the trial. This session will be accessible to the public via a delayed livestream on the ICC’s official website.
On April 23, the ICC Pre-Trial Chamber I unanimously confirmed three counts of murder and attempted murder as crimes against humanity:
- Count 1: Killings in Davao City (2013–2016) during his term as mayor.
- Count 2: Targeted killings of “high-value targets” (2016–2017) during the early stages of his presidency.
- Count 3: Nationwide barangay clearance operations (2016–2018) resulting in dozens of casualties.
DEFENSE CHALLENGES
Duterte’s legal team, led by counsel Nicholas Kaufman, filed a request on April 29 seeking permission to appeal the confirmation of charges. The defense argues that the court adopted a “flexible approach” that was overly broad and lacked a sufficiently reasoned evidentiary basis.
Despite the defense’s previous claims that Duterte is “enfeebled,” the court found him fit for trial during health evaluations in February.
Duterte has been held at the ICC Detention Centre in Scheveningen since his arrest in Manila on March 11, 2025.
While he appeared via video link during his initial processing, he has since waived his right to appear in person for several subsequent proceedings.