ICC pre-trial hearing for Duterte concludes with closing arguments

The confirmation of charges hearing against former president Rodrigo Duterte at the International Criminal Court concluded on February 27, 2026, after four days of proceedings. The prosecution and defense delivered closing arguments, while concerns over Duterte's potential flight risk if released were raised. A decision on whether to proceed to trial is expected within 60 days.

In The Hague, Netherlands, the pre-trial hearing for Rodrigo Duterte at the International Criminal Court, concerning accusations of crimes against humanity related to his drug war, concluded after four days. Duterte did not attend the proceedings, including the detention review, where the prosecution and victims' representatives objected to his interim release.

Prosecution trial lawyer Julian Nicholls stated that issues raised by the defense, such as witness credibility, should be addressed at trial. "It’s time for him to take responsibility for these crimes he brags about and glories in," he said. The prosecution also clarified that no direct linkage is required in crimes against humanity cases.

Meanwhile, defense counsel Nicholas Kaufman sought to downplay Duterte's statements and the meaning of 'neutralization' in the drug war memorandum signed by Ronald dela Rosa. According to sources, 'neutralization' in police parlance means to kill, as stated in the FLAG petition and testimonies from quad committee hearings. For instance, former PNP chief Dela Rosa was quoted as defining it as surrender, arrest, or killed.

Victims' lawyer Joel Butuyan expressed concerns over Duterte's flight risk, noting his signed waiver rejecting the ICC's jurisdiction and describing his arrest as 'kidnapping.' A petition to the Philippine Supreme Court, backed by over 160,000 signatures from supporters, seeks a writ of habeas corpus. "If Mr. Duterte cannot even hide his contempt for this honorable court while he is already under detention, imagine how Mr. Duterte will use this contempt for the court if he is released," Butuyan said.

The defense will not oppose continued detention. The ICC judges declared Duterte fit for trial, with a decision expected within 60 days from the confirmation hearing.

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