The first day of the confirmation of charges hearing against former President Rodrigo Duterte began at the International Criminal Court on February 23, 2026, in The Hague, Netherlands. Duterte did not attend after waiving his right to appear, though judges deemed him fit to participate. Prosecutors presented evidence on the Davao Death Squad and Duterte's statements.
On February 23, 2026, the confirmation of charges hearing against Rodrigo Duterte commenced at the ICC Pre-Trial Chamber I in The Hague. This hearing aims to determine if there is sufficient evidence to proceed to a full trial on three counts of crimes against humanity, related to at least 76 to 78 murders and attempted murders from 2011 to 2019, according to the prosecution. It stems from the ICC's investigation into Duterte's drug war, which human rights groups say resulted in over 30,000 deaths.
Duterte, arrested in Manila in March 2025 and transferred to the ICC detention facility at Scheveningen Prison, did not attend. On February 18, he requested to waive his attendance right, citing poor health and non-recognition of the ICC's jurisdiction. Judges approved this on February 20, based on his waiver, though they called his health reasons speculative and irrelevant. Independent medical assessments in January found him fit to participate, shifting the hearing from September 2025 to February 23-27, 2026.
On the first day, the prosecution, led by Senior Trial Lawyer Julian Nicholls and Deputy Prosecutor Mame Mandiaye Niang, presented testimonies from unnamed witnesses who were members of the Davao Death Squad. One witness described a meeting where Duterte allegedly distributed guns to new members as a 'prize' during a celebratory dinner. Nicholls said, “The new members could pull one [gun] out like getting a prize... It was a celebratory event for Mr. Duterte.” They also showed clips of Duterte admitting to having a death squad, arguing these were not hyperbole but truth.
Niang stated Duterte was at the 'apex' of power and planned a 'common plan' to 'neutralize' suspected criminals through murder. “Mr. Duterte intended and knew that the charged crimes were occurring,” Niang said. They outlined a chain of command from Duterte to police and assassins, with per-head rewards and quotas for promotions.
The defense, led by Lead Counsel Nicholas Kaufman, argued Duterte's statements were mere hyperbole and should not be taken literally. “Yes, Mr. Deputy Prosecutor, I used that legendary word, neutralize... because you know just as well as me that I’m using the term metaphorically,” Kaufman said. He attacked critics, including President Ferdinand Marcos Jr. and human rights lawyers, calling them a 'loose collective of civil society' using demagoguery. “Disregard every speech ever made by Mr. Duterte. There is still ample evidence,” Nicholls responded.
Human rights lawyer Neri Colmenares, representing victims, said, “It’s hard to present evidence at trial to defend him so for me, I’m more confident that charges will be confirmed.” Former Presidential Legal Counsel Salvador Panelo noted he expected a stronger jurisdiction argument, which was not heavily featured on the first day.
Meanwhile, a viral Facebook post on February 18 claimed Duterte had returned to Davao City, using an old photo from February 7 posted by his daughter, Vice President Sara Duterte. A fact-check confirmed this is false; he remains in ICC detention in The Hague. The hearing continues until February 27, including a detention review.
