September 9, 2025
MANILA – The International Criminal Court (ICC) has decided to postpone the commencement hearing of the case of former President Rodrigo Duterte on September 23.
Pre-Trial Chamber 1 of the ICC made the decision following a request from Duterte’s camp.
The Duterte camp sought an indefinite suspension, stating that the former President is not fit to stand trial.
The Chamber notes that litigation concerning Duterte’s fitness to participate in the pre-trial proceedings is ongoing in connection with the Defense team’s adjournment request.
The Chamber said it is its duty under the ICC Rules of Procedure and Evidence to “ensure the suspect’s rights are protected under Article 67 of the Rome Statute.”
The majority of the Chamber, with Judge María del Socorro Flores Liera dissenting, determined that a limited, not indefinite, postponement is needed to properly address the adjournment request by the Duterte camp.
“The majority of the Chamber considered that a limited postponement of the hearing on the confirmation of charges was warranted to allow sufficient time to adjudicate the request and related matters,” the ICC said in a statement Monday.
“A limited postponement of the hearing on the confirmation of charges is warranted to allow sufficient time to adjudicate the Adjournment Request,” the ICC said.
“As a result, the date originally set by the Chamber must be vacated and the confirmation of charges hearing is postponed until further notice pursuant to Rule 121 (7) of the Rules,” it added.
The Chamber emphasized that the postponement “will be limited to the time strictly necessary to determine whether Mr. Duterte is fit to follow and participate in the pre-trial proceedings, including the confirmation of charges hearing.”
The Chamber will issue a new scheduling order with a specific date for the hearing in due course.
The September 23 hearing would have been Duterte’s second time to appear before the Chamber that is handling the crimes against humanity case filed against him because of his bloody war on drugs, which, according to local and foreign human rights advocates, has killed more than 30,000 persons.
However, the government maintained that the war on drugs death toll was at 6,000.
Duterte first appeared before the Chamber last March 14, three days after his arrest in Manila.
His lawyers asked the Chamber that he be allowed interim release, citing human rights considerations because of Duterte’s advanced age and health.
The ICC Office of the Prosecutor and the Office of Counsel of the Victims have opposed the request.