MANILA — The International Criminal Court (ICC) has cleared the way for a four-day confirmation of charges hearing for former Philippine president Rodrigo Duterte, approving special medical accommodations that will cap daily proceedings at three hours while also granting the Defense additional time to argue its case.
In an order dated January 27, 2026, ICC Pre-Trial Chamber I set the hearings on February 23, 24, 26, and 27, citing medical recommendations to limit physical strain.
Each day will be divided into three one-hour sessions — 10 a.m. to 11 a.m., 11:30 a.m. to 12:30 p.m., and 2 p.m. to 3 p.m. — with breaks in between.
“Pursuant to the Chamber’s orders, the Detention Centre’s Medical Officer and the panel of experts that carried out Mr. Duterte’s medical examination have provided observations regarding special measures and adjustments that are recommended to facilitate Mr. Duterte’s participation in the pre-trial proceedings, including the confirmation of charges hearing. The Chamber hereby adopts such recommendations,” the judges said in paragraphs 14 and 15 of the order.
The chamber earlier ruled that Duterte is fit to participate in pre-trial proceedings.
Invoking fairness and equality of arms, the judges said the Defense will be given more time during the hearing, noting that prosecutors have already presented their case in writing.
“The Prosecution already had the opportunity to present its case to the Chamber in writing, by submitting the Document Containing the Charges 21 and the Pre-Confirmation Brief, whilst for the Defence the hearing will be the first opportunity to present its submissions on the merits of the case,” the judges said in paragraph 10.
Under the approved schedule, the Prosecution will have 30 minutes for opening statements, two hours and 30 minutes for submissions on the merits, and 30 minutes for closing statements.
The Common Legal Representative of Victims (CLRV) will be allotted 30 minutes for opening statements, one hour and 30 minutes for submissions, and 30 minutes for closing statements.
The Defense will be given 30 minutes for opening statements, three hours and 30 minutes for submissions on the merits, and 30 minutes for closing statements.
The chamber also ordered that the mandatory annual review of Duterte’s detention be conducted alongside the confirmation proceedings during the final session on February 27.
“Pursuant to rule 118(3) of the Rules, a hearing on the review of detention must be held at least once every year following the date of the suspect’s initial appearance, which took place on 14 March 2025. The Chamber considers it expedient and appropriate to organise the yearly hearing on the review of Mr Duterte’s detention in conjunction with the confirmation of charges hearing, pursuant to the schedule set out below,” the judges said in paragraph 12.
For the detention review, the Prosecution will have 20 minutes for oral submissions, the CLRV 15 minutes, and the Defense 20 minutes. No additional written submissions will be required unless new evidence is introduced.
The ICC said the timetable may still be adjusted if developments during the proceedings warrant changes, adding that if a party finishes early, the next presentation may begin immediately, even if it was scheduled for a later session or day./PN
