THE HAGUE, Netherlands — The International Criminal Court (ICC) continued on Thursday, Feb. 26, 2026 with Day 3 of the confirmation of charges hearing against former Philippine President Rodrigo Duterte, as defense and prosecution teams presented their latest arguments before judges of Pre-Trial Chamber I. The hearing is part of a four-day process ending on Feb. 27 to decide whether there is sufficient evidence to refer the case to a full trial on crimes against humanity accusations tied to his war on drugs.
Former President Duterte, at age of 80, did not attend the hearing, having waived his right to be present in court. The chamber has allowed the proceedings to continue in his absence with his legal team representing him.
On Thursday, lead defense counsel Nicholas Kaufman addressed the court, arguing that the prosecution has not provided direct proof that Duterte personally ordered killings cited in the charges.
Kaufman told judges there is “no smoking gun” linking Duterte’s statements or actions to specific incidents of murder and that no witness would testify they received direct orders from the former president to commit killings. He maintained this casts doubt on the prosecution’s case at this stage.
Defense lawyers also sought to frame the prosecution’s key witnesses as unreliable, characterizing some as “self-confessed murderers” whose testimony may have been obtained with promises of immunity — remarks made in submissions as defense counsel characterized the prosecution’s approach as questionable.
Prosecutors have alleged that Duterte played a central role in policies and rhetoric that contributed to widespread violence during anti-drug operations. Earlier in the hearing, they detailed allegations involving targeted killings and claimed thousands of deaths arose from actions under Duterte’s authority.
Although the focus on Day 3 centered largely on defense submissions, the broader context of the hearing remains the prosecution’s effort to demonstrate substantial grounds to believe that Duterte’s conduct amounts to crimes against humanity.
Judges on Day 3 also approved redactions in the live broadcast of the hearing to protect the identities of victims and witnesses after defense filings included details that could compromise their safety. Presiding Judge Iulia Antoanella Motoc reminded all parties to avoid unnecessary disclosures that could breach privacy or well-being.
Ahead of the day’s proceedings, ICC counsel warned families of alleged victims to prepare for potential online attacks or misinformation campaigns connected to contentious arguments in the hearing.
The confirmation hearing is set to conclude on Friday, Feb. 27, with final arguments from the prosecution, defense, and common legal representatives for victims. After the hearing’s conclusion, ICC judges have up to 60 days to issue a written decision on whether one or more charges should be confirmed and the case referred to trial. If confirmed, the case would proceed to a full trial phase; if not, the hearing may end the judicial process unless additional evidence is later offered.
The proceedings remain closely watched internationally, drawing attention from human rights advocates, legal experts, and families affected by Duterte’s anti-drug campaign as the ICC weighs the evidence and legal arguments in one of the court’s most prominent cases.
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