The International Criminal Court (ICC) opens on Monday, Feb. 23, the confirmation of charges hearing against former president Rodrigo Duterte, a key pre-trial stage that will determine whether his case proceeds to a full trial.

The hearing begins at 10 a.m. (The Hague time) or 5 p.m. in Manila on Monday, before Pre-Trial Chamber I at the ICC.

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.

The proceedings are scheduled on Feb. 23, 24, 26, and 27 in Courtroom I, with special measures adopted to facilitate Duterte’s participation before he waived his right to appear at the hearing.

With this, the hearing will be conducted in Duterte’s absence after Pre-Trial Chamber I granted his request to waive his right to be present.

The Chamber ruled that the written waiver signed by Duterte on Feb. 17 sufficiently met the requirements under Article 61(2)(a) of the Rome Statute and Rule 124 of the Rules of Procedure and Evidence.

Judges noted that Duterte acknowledged he understood his right to attend and the consequences of waiving that right, as explained by his counsel.

The ICC earlier clarified that Duterte’s absence is based on his waiver and not on health grounds.

On Jan. 26, the judges found him fit to take part in pre-trial proceedings after reviewing a report by three independent medical experts.

ICC spokesperson Oriane Maillet stressed that the confirmation hearing is not a trial.

“At this stage, the judges will not decide on Mr. Duterte’s innocence or guilt,” she said.

Instead, the judges will determine whether there is sufficient evidence to establish substantial grounds to believe that Duterte committed each of the crimes charged.

If one or more charges are confirmed, the case will be transferred to a Trial Chamber for the next phase of proceedings.

After the four hearing days, the judges will have up to 60 days to review the evidence and issue their decision.

During the hearings, the Prosecution, the Defense, and the Legal Representatives of Victims will present oral arguments on the merits of the case.

The judges will assess whether the evidence meets the threshold required under the Rome Statute for the case to move forward.

The Chamber ordered the Registry to implement recommendations from the ICC Detention Centre’s Medical Officer and the panel of experts who examined him.

The judges limited hearings to no more than four days per week, provided a midweek break, required hourly recesses, and capped daily proceedings at three hours.

According to Maillet, victims have several rights before the Court, including to participate in proceedings and, after a trial, if a person is found guilty, to apply for reparations.

“Victims are at the heart of ICC proceedings,” she said.

“In the Duterte case, the judges have authorized a number of victims to participate in proceedings and have appointed one team of common legal representatives to represent them,” she added.

A total of 539 victims have been authorized to participate in the confirmation stage of proceedings after the ICC allowed 500 additional applicants to join the initial group of 39 victims.

Lawyers Joel Butuyan and Gilbert Andres, along with Paolina Massidda of the ICC’s Office of Public Counsel for Victims, were appointed as common legal representatives for the authorized victims.

“The Team of lawyers will make oral submissions at the hearing, voicing the victims' views and concerns before the judges,” Maillet said.

Duterte’s camp asked the ICC to disqualify the victims’ lawyers for a supposed conflict of interest, but the Pre-Trial Chamber I junked this request.

Duterte is suspected of crimes against humanity of murder and attempted murder, allegedly committed between Nov. 1, 2011, and March 16, 2019, in the context of his government’s drug war.

Maillet outlined three counts in the case.

Count 1 covers alleged murders in or around Davao City during Duterte’s tenure as mayor, said to have been carried out by the so-called Davao Death Squad.

Count 2 pertains to the killings of alleged high-value targets during his presidency.

Count 3 involves alleged murders and attempted murders during barangay clearance operations while he was President.

The warrant of arrest against Duterte was issued under seal on March 7, 2025, and later made public on March 11, 2025. He was arrested by Philippine authorities and surrendered to the ICC the following day.

His initial appearance before the Court took place on March 14.

The confirmation hearing was originally set for Sept. 23 last year, but was postponed after the Defense sought adjournment to address Duterte’s fitness to participate.