Duterte’s 'Unlikely Route' to ICC Detention: Lawyers’ Bid for Witness Info Denied
Former President Rodrigo Duterte has been detained by the International Criminal Court (ICC) since March 11, 2025, and is scheduled to face confirmation of three counts of crimes against humanity of murder. His lawyers' recent bid for the prosecution to disclose certain information about witnesses was denied by the ICC Pre-Trial Chamber I.
Former Philippine President Rodrigo Duterte has been detained by the International Criminal Court (ICC) since March 11, 2025, following his arrest at Ninoy Aquino International Airport upon returning from Hong Kong. He was immediately transferred to the ICC's detention facility in The Hague's Scheveningen prison complex. The arrest stemmed from a warrant issued secretly by ICC Pre-Trial Chamber I on March 7, 2025, initially charging him with one count of murder as a crime against humanity covering 43 killings during his drug war, though charges of torture and rape were dismissed for lack of evidence.
In a significant recent development, on February 20, 2026, ICC Pre-Trial Chamber I denied a request from Duterte's lawyers, led by attorney Nicholas Kaufman, to compel the prosecution to disclose identifying information about witnesses and their willingness to testify. The defense had filed this request on February 16, arguing they needed unredacted documents to adequately challenge prosecution evidence before the confirmation of charges hearing scheduled for February 23-27, 2026. However, the chamber unanimously sided with the prosecution, determining that removing redactions would endanger the safety and well-being of victims and witnesses.
The chamber also rejected two other defense requests: an attempt to disqualify Filipino attorneys Joel Butuyan and Gilbert Andres, who represent victims in the case, finding no adequate conflict of interest or legal grounds for their removal. Additionally, the chamber approved Duterte's written request to be absent from the hearing, citing his health concerns and his assertion that the ICC lacks jurisdiction over him. Prosecutors have since revised the charges to three counts of murder as crimes against humanity, now encompassing 49 cases and 78 deaths, up from initial figures.
The confirmation of charges hearing, which began on February 23, 2026, will determine whether substantial grounds exist to believe Duterte committed crimes against humanity in connection with killings linked to his anti-drug campaign. Official Philippine data reports 6,000 deaths during the drug war (2016-2019), but ICC and human rights groups estimate 12,000-30,000 fatalities. Duterte's legal team continues to challenge ICC jurisdiction, with appeals pending, while also seeking his release citing health concerns and influence risks. The chamber is expected to decide within 60 days after the hearing whether to confirm all or any of the charges against the former president.
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