On 8 September 2025, Pre-Trial Chamber I of the International Criminal Court (ICC), Judge María del Socorro Flores Liera dissenting, decided to postpone the commencement of the confirmation hearing in the case of The Prosecutor vs. Rodrigo Roa Duterte. The hearing had been initially scheduled to start on 23 September 2025.
Following a request from the Defence of Mr Duterte for an indefinite adjournment of the proceedings alleging that Mr Duterte is not fit to stand trial, 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 Chamber will, if applicable, set a specific date once it has addressed such outstanding matters.
Judge María del Socorro Flores Liera issued a dissenting opinion expressing the view that the request from the Defence should have been rejected and the pre-trial proceedings continued, including the confirmation of charges hearing.
The purpose of the confirmation of charges hearing is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. If one or more of the charges are confirmed, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial.
Decision Postponing the Hearing on the Confirmation of Charges
Dissenting Opinion of Judge María del Socorro Flores Liera
Background: On 10 February 2025, the Office of the Prosecutor of the ICC applied for an arrest warrant against Mr Duterte for the crimes against humanity of murder, torture and rape. ICC Pre-Trial Chamber I assessed the material submitted by the Prosecution and found reasonable grounds to believe that Mr Duterte is individually responsible as an indirect co-perpetrator for the crime against humanity of murder, allegedly committed in the Philippines between 1 November 2011 and 16 March 2019.
The warrant of arrest against Mr Duterte was issued by the Chamber as "Secret" on 7 March 2025 and reclassified as "Public" on 11 March 2025. On 12 March 2025, Mr Duterte was surrendered to the ICC after being arrested by the authorities of the Republic of the Philippines in accordance with the warrant of arrest.
The initial appearance of Mr Duterte took place on 14 March 2025. Mr Duterte appeared in the hearing via video link, as authorised by the Chamber.
