The International Criminal Court (ICC) Office of the Prosecutor said it can no longer investigate any “killings” committed under the current Marcos administration following former president Rodrigo Duterte’s decision to withdraw from the Rome Statute.

Senior Trial Lawyer Julian Nicholls of the ICC Office of the Prosecutor said this after Duterte’s counsel, Nicholas Kaufman, suggested that the ICC should also look into the “Marcos regime.”

“I’m forced to ask myself whether anyone on the other side of the room has thought of investigating the Marcos regime and the related phenomenon and holding someone accountable,” Kaufman said during the last day of the confirmation of charges hearing on Friday, Feb. 27.

Nicholls responded that Duterte himself foreclosed that possibility.

“Well, his client prevented all that by withdrawing the Philippines from the Rome Statute when he thought he might be prosecuted thereby ensuring that we will not have jurisdiction after a certain period,” he said.

The exchange capped four days of arguments before Pre-Trial Chamber I, which will now deliberate on whether there is sufficient evidence to send the case to trial.

Nicholls also moved to strike statements Kaufman attributed to Duterte during the defense’s closing argument, particularly remarks about the former president’s decision not to attend the hearing.

“My friend can't testify for his client or make a speech for his client. That's governed by Article 67(H). If he wanted to come here, he didn't want to come here. He could have come here and talked about whatever he wanted to, but he chose not to,” he said.

“If Mr. Duterte wants to speak to the Court and speak to the Gallery, he should come here, request to make an unsworn statement. He shouldn't do that through his counsel,” he added.

Kaufman countered that his remarks did not amount to testimony.

“I say to Mr. Nicholls that this was not testimony. It was purely an explanation for him not coming to the hearing. He has the maximum respect, obviously, for Your Honors,” he said.

In his closing statement, Kaufman said he tried to report to Duterte what was being said in the court, but the former president already concluded that he “has now accepted his fate and realized he could die in prison.”

The hearing was held in absentia after the Chamber granted Duterte’s request to waive his right to be present.

Representing 497 participating victims, Filipino lawyer Gilbert Andres urged the judges to confirm all charges and commit Duterte to trial.

“In conclusion, the Victims submit that the Defense has not blemished the Prosecution's legal theory and evidence as provided in the document containing the charges and the pre-confirmation brief,” he said.

“The Victims submit that the Prosecution presented sufficient evidence to establish substantial grounds to believe that Mr. Rodrigo Roa Duterte committed each of the crimes charged. Consequently, all charges should be confirmed, and Mr. Rodrigo Roa Duterte committed to trial,” he added.

According to Andres, the victims want the charges confirmed so they can “be reintegrated to their communities” and step out from “the shadows of fake news, of fear and of threats from Mr. Duterte’s supporters.”

“Because in the end, Your Honors, the victims, they're also created in the image of God and they also believe that the God of the universe is the God of justice,” Andres said.

Pre-Trial Chamber I, composed of Presiding Judge Iulia Antoanella Motoc and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera, will issue a written decision within 60 days.

The judges may confirm the charges and commit Duterte to trial, decline to confirm them and stop the proceedings, or adjourn the hearing and request additional evidence or amended charges.

Duterte is suspected of crimes against humanity, including murder and attempted murder, allegedly committed between Nov. 1, 2011, and March 16, 2019, in connection with the anti-drug campaign.

He was arrested in the Philippines and surrendered to the ICC in March 2025, with his initial appearance held on March 14, 2025.

The confirmation hearing, which began on Feb. 23, determines whether there are “substantial grounds to believe” that the accused committed the crimes charged — a threshold required before a full trial may proceed.