The International Criminal Court or ICC has set September 23, 2025, as the day when the hearing on confirmation of charges will be held to determine whether to push through with the trial of former Philippine President Rodrigo Duterte.
In a press release, the ICC explained the necessity of this procedure in assessing the strength of the evidence and determining whether the accusations are substantial enough to warrant formal charges.
"If the charges are confirmed, totally or partly, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial," the statement reads.
Duterte is currently in ICC custody in the Netherlands over allegations that he, during his tenure as Davao City mayor and Philippine president, orchestrated systematic killings as part of his war on drugs—where victims were denied due process and their basic human rights and when the police were encouraged to arrest, kill, or cause to disappear suspect civilians.
Read: Ex-President Rodrigo Duterte now detained at The Hague prison
As in any court trial, Duterte's fate depends on the legal professionals involved—prosecutors, defense lawyers, and judges—who will assess the case based on the evidence and arguments presented.
Read: FULL COPY: ICC Warrant of Arrest for Mr. Rodrigo Roa Duterte
Duterte's legal representatives, however, are yet to be completed, and his camp is still looking at potential lawyers with international court experience to round up the defense team.
PRESIDING JUDGE: Iulia Antoanella Motoc
Human rights have been a lifelong advocacy for the Romanian Judge Iulia Antoanella Motoc.
Her track record shows, among other court duties, that she served as special rapporteur for the United Nations tasked to report on the human rights situation in the Democratic Republic of Congo during what has been known as the Second Congo War among Congo, Rwanda, and Uganda in 1998.
Furthermore, Motoc sat as vice president of the UN Human Rights Committee and judge of the European Court of Human Rights from 2013 to 2023.
Motoc, who graduated in law from the University of Bucharest and holds a doctorate in international law from Paul Cézanne University, Aix-Marseille, was nominated by the Romanian government to be a judge at the International Criminal Court.
As to what motivated her to aspire for the ICC position, Motoc said in 2023: "My primary motivation to serve as a judge of the ICC is to end impunity and improve the situation of victims through the rule of law.
"During my 34-year legal career, I have always put these goals at the center of my work.
"I was deeply influenced by growing up under the Ceausescu government in Romania, which was a totalitarian regime marked by massive human rights violations and violent political repression.
"These experiences fueled my resolve to fight impunity."
She officially assumed the role of ICC judge on March 11, 2024.
CHIEF PROSECUTOR: Karim Khan
Karim Khan heads the prosecution team against the former Philippine president.
Deputy Prosecutor Mandiaye Niang, trial lawyers Edward Jeremy and Robynne Croft, International Cooperation advisor Chantal Daniels, and Case Manager Grace Goh will join him.
Born on March 30, 1970, Khan is described as a “superb lawyer” and “frighteningly clever master strategist” backed by his vast experience dealing with cases such as crimes against humanity and war crimes.
His specialization as a lawyer is international criminal law and international human rights law.
The British-Pakistani lawyer earned his Bachelor of Law from King’s College London.
Interestingly, Khan is the brother of the former parliament member for Wakefield in West Yorkshire in England Imran Ahmad Khan who, in April 2022, was convicted of sexually assaulting a minor, leading to his resignation.
Khan began his legal career as a prosecutor in England, but it was in international courts that he made his mark as a lawyer.
He served as a legal officer at both the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda—two institutions established to prosecute war crimes committed in these countries over a specific period.
Khan has represented individuals on both sides of the courtroom, acting as a lawyer for the victims of injustice and political figures accused of committing atrocities.
For instance, he was involved in pursuing accountability for those who abused their power, such as the repressive Khmer Rouge regime in Cambodia, as well as the perpetrators of war crimes in Yugoslavia and Rwanda.
Additionally, Khan served as a special adviser and led the United Nations Investigative Team for the Promotion of Accountability for Crimes Committed by Da’esh (ISIS) in Iraq —a notorious terrorist group that emerged following the 2003 U.S. invasion and the overthrow of Saddam Hussein.
On the defense side, he was part of the legal team that represented Charles Taylor, the former president of Liberia who was later convicted of war crimes.
Khan likewise lawyered for Sudanese rebel leader Bahr Idriss Abu Garda, the first ICC suspect to voluntarily surrender to face trial, and Saif al-Islam Gaddafi, the son of former Libyan dictator Muammar Gaddafi.
Khan was appointed chief prosecutor of the International Criminal Court (ICC) on February 12, 2021, and officially took on the role in June of the same year.
Among the cases that the ICC looked into under Khan's watch included the investigation of atrocities done by the Taliban, crimes committed by Russia in invading Ukraine in 2022, and calling out Israel and Hamas for human rights violations.
Khan earned the ire of Russian and Israeli authorities after he applied for the arrest warrants for Vladimir Putin and Benjamin Netanyahu, as well as other high-ranking officials closely affiliated with the two leaders.
Russia retaliated by issuing its own warrant against Khan, while the Israeli government condemned the ICC, with current U.S. President Donald Trump issuing sanctions— barring the ICC prosecutor from entering the United States and freezing his assets—in support of the Israel prime minister.
LEAD DEFENSE COUNSEL: Nicholas Kaufman
Representing Duterte before the ICC judge is veteran lawyer Nicholas Kaufman.
The British-Israeli attorney is no stranger to defending controversial figures facing cases related to human rights abuses and war crimes.
Among his high-profile clients were Jean-Pierre Bemba, the politician and former rebel leader from Congo convicted by the ICC, and Aisha Gaddafi, daughter of deceased Libya leader Muammar Gaddafi, and Central African Republic militia leader Maxime Mokom Gawaka.
It was initially believed that officials from Duterte's administration, namely former Executive Secretary Salvador "Bingbong" Campo Medialdea and ex-presidential spokesperson Harry Roque, are part of the defense team.
However, Philippine Vice President Sara Duterte clarified to the media that Medialdea and Roque will not be representing her father in the trial.
Read: Close-in security ni VP Sara Duterte, takaw-pansin sa netizens
Currently, the Duterte camp is in discussions with other lawyers specializing in international law who may join Kaufman in the defense team.
"We want all the lawyers on board to have ICC experience," said the vice president.
Still, Kaufman stated he has been coordinating with Filipino lawyers to strengthen the defense arguments and help Duterte avoid prosecution.
Read: President Duterte admits using "presidential powers" vs ABS-CBN
“There’s an essential element of any case at the International Criminal Court that there’s a need for foreign lawyers," he stressed.
"So, there would definitely be the involvement of Filipino lawyers. I need them."