Duterte ICC trial could begin by late 2026 or early 2027

MANILA, Philippines — The International Criminal Court could hold the trial for former President Rodrigo Duterte as early as late 2026 or early 2027, according to an ICC-accredited lawyer.

Lawyer Kristina Conti, ICC assistant to counsel, said the trial could begin by October 2026 to February 2027. 

"We might be counting down in months, between 8 months to 1 year," Conti said in mixed English and Filipino in an interview with GMA's "Unang Balita."

Duterte's own defense counsel Nicholas Kaufman earlier this week gave a similar estimate when he was asked about hypotheticals, in case the ICC ruled in favor of a trial. 

Specifically, in an April 22 interview, Kaufman said: "If the confirmation goes against the defense, we are in for a trial, and that trial may probably start at the beginning of 2027."

Back-to-back rulings this week removed all legal obstacles for the ICC to subject Duterte to a full trial. He is now formally accused of committing crimes against humanity of murder. 

On Wednesday, April 22, the ICC Appeals Chamber rejected Duterte's challenge to the court's jurisdiction, his last avenue to have the case thrown out entirely.  

The very next day, Thursday, April 23, the Pre-Trial Chamber I unanimously confirmed all three counts of crimes against humanity — murder and attempted murder — and committed Duterte to trial. 

The judges found "substantial grounds to believe" that Duterte bore criminal responsibility for at least 76 murders and two attempted murders across 49 incidents, as part of a widespread and systematic attack against civilians during his anti-illegal drugs campaigns.

According to an ICC briefer on the latter decision, Duterte and his team are not automatically entitled to an appeal, and would first have to request authorizatio nfrom the chamber.

What comes next? ICC Assistant to Counsel Ross Tugade explained that the case will now be transferred from the pre-trial chamber to a newly constituted trial chamber, with a different set of judges.

The trial chamber will hold status conferences where the prosecution, the defense, and the legal representatives of the 539 recognized drug war victims will discuss what evidence to present and which witnesses may participate. 

Tugade noted that the victim representatives — led by the Office of the Public Counsel for Victims along with Filipino lawyers Atty. Joel Butuyan, Atty. Gilbert Andres, and case manager lawyer Nicolene Arcaina — are separate from the prosecution team.

Duterte is required by the Rome Statute to be present for the trial. However, the court also allows for remote attendance via video or livestream as alternatives to physically being there.

Tugade noted that Duterte's legal status has formally changed. He is no longer a "suspect" — he is now an "accused," which triggers the full set of due process rights under the Rome Statute. He is presumed innocent until proven guilty.