Rodrigo Duterte, the former president of the Philippines, appeared in person at the International Criminal Court in The Hague on 16 September 2026 for the first time. Judges extended his detention the same day. The Duterte ICC trial remains scheduled to open on 30 November 2026.
What Happened at the 16 September Hearing
The hearing was a status conference, a procedural session held to prepare a case for trial rather than to hear evidence. It was the third in this case and Duterte’s first physical appearance before the court since his arrest on 12 March 2025; his only previous appearance, on 14 March 2025, was by video link.
Al Jazeera reported that Duterte said nothing during the session, which dealt with his health, the disclosure of evidence and trial procedure. Trial Chamber III then ruled unanimously that he should remain in detention, finding that risks remained that he could fail to appear for trial or obstruct or endanger the proceedings if released. The Philippine Canadian Inquirer reported that the judges pointed to the prosecution’s disclosure of witness identities and expected testimony as increasing concerns about possible interference with witnesses.
Why the Charges Stop at 16 March 2019
The court’s reach over the Philippines ends on a fixed date, and it is earlier than the end of the campaign the case concerns. The Philippines joined the Rome Statute, the treaty that created the International Criminal Court, on 1 November 2011. It deposited notice of withdrawal on 17 March 2018, and the withdrawal took effect on 17 March 2019.
Under the treaty, the court keeps jurisdiction over alleged crimes committed on the territory of a state while it was a member. For the Philippines that window runs from 1 November 2011 to and including 16 March 2019. Anything alleged after 17 March 2019 falls outside the court’s reach, even though the “war on drugs” campaign continued until Duterte left office in 2022.
This is the single most misread feature of the case. The trial is not a review of the campaign as a whole; it is confined to conduct inside that window.
What the Charges Are
Pre-Trial Chamber I confirmed all charges on 23 April 2026 and committed Duterte to trial. The charges comprise three counts of crimes against humanity arising from killings attributed to the anti-drugs campaign.
In confirming them, the judges found substantial grounds to believe that Duterte played a key role in the murders of 76 people and the attempted murder of two others, and that there was a common plan between him and others to kill alleged criminals. “Substantial grounds to believe” is the standard for sending a case to trial. It is not a finding of guilt, and nothing has yet been proved against him.
Duterte denies the charges. His lead counsel has argued that the prosecution cherry-picked examples, that he never intended to incite violence, and that he instructed police to use lethal force only in self-defence.
What Is Settled and What Is Not
As of 18 September 2026, the trial date stands and the fitness question does not. The table below separates the two.
| Question | Status |
|---|---|
| Charges confirmed | Decided. Pre-Trial Chamber I confirmed all charges on 23 April 2026. |
| Trial opening date | Set for 30 November 2026 before Trial Chamber III. |
| Detention | Continued by unanimous decision on 16 September 2026. |
| Fitness to stand trial | Not yet determined by Trial Chamber III. |
| Guilt or innocence | Not addressed. No evidence has been heard at trial. |
The Fitness Question Is Still Open
Duterte’s defence says he cannot follow the proceedings. Filings reported by Al Jazeera describe serious memory loss, and cite tests by medical experts in which he believed the year was 2007 or 2008 and could not name the sitting president of the United States.
The court ordered a fresh medical examination in June 2026, and the defence has challenged parts of the court-appointed experts’ reports and asked for further examination. Trial Chamber III has not issued a final determination. In deciding on detention, the chamber found that the medical reports and related submissions did not, at that stage, establish a change in circumstances justifying a change to his detention.
The Death Toll Is Disputed
There is no agreed figure for how many people were killed in the campaign, and the range is very wide. The numbers below are not interchangeable, and none of them is the number of deaths charged in this case.
- Philippine police records: around 6,000 deaths in anti-drugs operations, the figure drawn from official reporting.
- Human rights organisations: up to 30,000, a count that includes killings attributed to unidentified gunmen rather than to police operations.
- The charges before the court: 76 alleged murders and two alleged attempted murders, as confirmed on 23 April 2026.
The gap between the police count and the rights groups’ count is the central factual dispute in the wider argument about the campaign. It is not what Trial Chamber III will decide.
Dates Ahead
- 13 October 2026: the next status conference, according to the ICC court calendar as reported in September 2026.
- 30 November 2026: the trial opens before Trial Chamber III, composed of Presiding Judge Joanna Korner, Judge Keebong Paek and Judge Nicolas Guillou.
- December 2026: hearings are listed to continue until the court’s Christmas judicial recess.
Lawyers representing victims have said 539 people were recognised as participants during the pre-trial phase and that more may seek to join, a figure reported in September 2026 rather than confirmed in a court release.
Frequently Asked Questions
When Does the Duterte ICC Trial Start?
The trial is scheduled to open on 30 November 2026 before Trial Chamber III at the International Criminal Court in The Hague. Hearings are listed to continue until the court’s Christmas recess.
What Is Duterte Charged With?
Three counts of crimes against humanity connected to killings during the Philippine anti-drugs campaign. Pre-Trial Chamber I confirmed the charges on 23 April 2026, finding substantial grounds to believe he played a key role in 76 murders and two attempted murders. He denies the charges and has not been convicted of anything.
Why Do the Charges Only Cover Up to March 2019?
The Philippines withdrew from the Rome Statute with effect from 17 March 2019. The court retains jurisdiction only over alleged crimes committed on Philippine territory while the country was a member, from 1 November 2011 to 16 March 2019.
Has the Court Decided Whether Duterte Is Fit to Stand Trial?
No. As of 18 September 2026, Trial Chamber III has not issued a final determination. The defence argues he has cognitive impairment; the court ordered a new medical examination in June 2026 and the issue remains before the judges.
Why Is Duterte Still in Detention?
Trial Chamber III decided unanimously on 16 September 2026 to continue his detention, finding a continuing risk that he could fail to appear for trial or obstruct or endanger the proceedings if released.
