TIMELINE: Legal battle at ICC over Duterte's drug war

Two months after denying his request for interim release, the International Criminal Court (ICC) Appeals Chamber denied Friday former President Rodrigo Duterte's appeal on the tribunal's previous ruling regarding his continued detention in The Hague, Netherlands.

This does not mean, however, that the trial will now proceed amid the former president's pending motion for indefinite adjournment of all proceedings, according to ICC Assistant to Counsel Atty. Kristina Conti.

GMA News Online looks back on Duterte's first appearance before the international tribunal and the legal developments that took place after. 

March 14, 2025 — Duterte's first appearance before the ICC took place following his arrest in Manila. He was allowed to attend the session through a video link as he was tired after flying to The Netherlands from the Philippines.

The Pre-Trial Chamber read to Duterte the charges against him. He was also read his rights under the Rome Statute. 

The proceedings began at 2:34 p.m. and ended at 2:59 p.m.

Meanwhile, the Chamber set the confirmation of charges on September 23, 2025.

March 19, 2025 — British-Israeli lawyer Nicholas Kaufman was appointed as Duterte's defense counsel. Kaufman's appointment was confirmed on March 17.

March 21, 2025 — The Pre-Trial Chamber ordered both the prosecution and the defense to disclose the amount and types of evidence they plan to present, along with the prescribed timeline.

In the Prosecution's First Communication of the Disclosure of Evidence, the ICC Office of the Prosecutor "disclosed to the defense 181 items organized under Pre-Confirmation INCRIM package 001, listed in Confidential Annex A."

ICC Prosecutor Karim Khan said the items compromised the material cited in the warrant of arrest against Duterte, except items notified to the chamber and the defense in the prosecution's related applications.

April 4, 2025 — Kaufman said Duterte's core defense team has been finalized for the proceedings, and that former presidential spokesperson Harry Roque was not part of it.

April 7, 2025 — Duterte's team urged the ICC to adopt strict standards for verifying the identities of victim applicants, such as limitations to the types of identification documents accepted.

Citing potential risks of fraud and procedural delays, the defense team argued that the court should require a "national identity card and/or a passport containing an up-to-date photograph. In the absence thereof, the defense submits that the Pre-Trial Chamber should require those identification documents accepted in the staggered fashion mandated by the social security system of the Republic of the Philippines."

ICC-listed lawyer Joel Butuyan, counsel for some of the families of the drug war victims, criticized this, saying the victims come from among the "poorest of the poor" and do not have passports, driver's licenses, SSS, GSIS, or any professional license.

April 18, 2025 — The Pre-Trial Chamber accepted the documents proposed by the Registry as proof of the identity for victim applicants in the case and those acting on their behalf.

For applicants whose proof of identity is a declaration signed by two witnesses, the chamber said it would decide whether to accept such documents on an ad hoc basis, upon receipt of the Registry's assessment and recommendations.

May 1, 2025 — Duterte's camp asked the Pre-Trial Chamber for the partial excusal of Judge Reine Adélaïde Sophie Alapini-Gansou and Judge María del Socorro Flores Liera on the issue of jurisdiction due to "the possibility of perceived bias."

They said this may arise out of the judges' prior ruling on substantially the same issue in the situation in the Philippines. 

Further, the former president's lawyers also submitted a "Defence Challenge with Respect to Jurisdiction" to the ICC.

According to Duterte's lawyers, the preconditions for the exercise of jurisdiction in the Situation of the Philippines were not met at the time the Pre-Trial Chamber authorized the opening of an investigation on September 15 2021.

His camp maintained that, "The Philippines' withdrawal from the Rome Statute became effective on 17 March 2019. When the former Prosecutor filed her request, and the Pre-trial Chamber issued its decision, more than two years later."

May 6, 2025 — The Pre-Trial Chamber denied Duterte's appeal to excuse Alapini-Gansou and Flores Liera from ruling on jurisdiction of the tribunal over his case.

The chamber noted that a judge's excusal can only be sought by the concerned judge before the ICC Presidency, as opposed to disqualification which the parties may request.

May 12, 2025 — Duterte's camp raised its appeal to disqualify Alapini-Gansou and Flores Liara from handling his case on the issue of jurisdiction to the ICC Presidency.

May 14, 2025 — The Office of the Prosecutor requested an extension in the deadline to disclose materials from witnesses cited in the warrant of arrest against Duterte.

May 21, 2025 — The Pre-Trial Chamber granted the request of the prosecution to extend the deadline of the submission of several documents related to the case.

June 9, 2025 — The Office of the Public Counsel for Victims asked the ICC to dismiss Duterte's challenge on jurisdiction, saying the Philippines' withdrawal has no legal effect as the Prosecutor's preliminary examination started even before the withdrawal took effect.

Meanwhile, the ICC plenary of judges convened and rejected Duterte's request for Alapini-Gansou and Flores Liera to be disqualified from deciding his challenge of the jurisdiction of the court with regard to the case.

June 12, 2025 — ICC prosecutors asked the tribunal to deny Duterte's challenge to the international tribunal's jurisdiction over his case.

June 13, 2025 — Duterte's camp asked the ICC for him to be released to an undisclosed country. Duterte's camp argued that the former president is not a flight risk. They also cited humanitarian considerations for the interim release, saying that Duterte is already 80 years old.

June 23, 2025 — The Office of the Prosecutor asked the ICC to deny Duterte's request for interim release, arguing that Duterte's continued detention is necessary to ensure his appearance during trial. 

The prosecutor's office said Duterte does not accept the legitimacy of the legal proceedings against him. It noted Duterte's previous remarks against the ICC, as well as the petition he filed before the Supreme Court against the cooperation of the Philippine government with the ICC.

The prosecution also said Duterte's counsel and family have claimed that he was kidnapped and vowed to return him to the Philippines. 

June 25, 2025 — The principal counsel of the Office of the Public Counsel for Victims in the ICC requested the tribunal to reject Duterte's plea for interim release.

July 1, 2025 — The prosecution team submitted its 11th batch of evidence.

July 4, 2025 — In its full decision, the ICC plenary found that no bias arises with respect to the two judges that Duterte's camp sought to disqualify from his case. It found that Alapini-Gansou and Flores Liera acted in accordance with their duties at all times.

Meanwhile, the ICC Prosecutor submitted its 12th batch of evidence in the case, which contained 1,253 items organized into 10 packages.

The packages were labeled as contextual evidence; murder under the Davao Death Squad during Duterte's mayoral period; murder under barangay clearance operations during his presidency; and high-value target murders during presidency, among others.

July 23, 2025 — The ICC Pre-Trial Chamber granted the request of Duterte's defense team to suspend its decision on his request for interim release until his defense lawyers have collated all the needed supporting information.

August 7, 2025 — The former president's camp asked the Appeals Chamber of the ICC to disqualify Khan from the case on the ground that he "failed to disclose a grievous conflict of interest."

Duterte's counsels claimed that Khan had previously represented the alleged victims of the Duterte administration's drug war as a private lawyer and "seemingly exploited" the information he had gathered when he became chief ICC prosecutor in June 2021.

Khan, for his part, said that "no grounds exist" that would warrant his removal.

August 18, 2025 — The Duterte camp asked the ICC Pre-Trial Chamber I for an indefinite adjournment of all the legal proceedings.

August 19, 2025 — Duterte reiterated his request for an interim release.

August 20, 2025 — The Victims Participation and Reparations Section (VPRS) received 303 application forms of drug war victims seeking to participate in the pre-trial proceedings against Duterte. The victims and their representatives are clustered into Groups A, B, and C.

August 24, 2025 — Duterte's defense team withdrew its request to disqualify Khan.

August 28, 2025 — The ICC Prosecution filed its response to the Duterte camp’s request for indefinite adjournment. Prosecutors requested to have their own medical expert assess Duterte’s health.

September 6, 2025 — The applicants of 15 drug war victims to participate in the case have been transmitted to the Pre-Trial Chamber. The registry said the applications were assessed by its VPRS.

September 8, 2025 — The ICC Pre-Trial Chamber I announced that the confirmation of charges hearing was postponed as Duterte was "not fit to stand trial." 

His camp later said that Duterte's "progressively deteriorating medical situation" has affected his ability to assimilate the evidence and to give instructions. 

September 16, 2025 — Duterte’s legal team submitted a new defence notification asking the ICC Pre-Trial Chamber I to allow the former president's interim release as the hearing has been postponed. 

Prior to the filing, Duterte's daughter, Vice President Sara Duterte, said she was able to talk to him over the phone. She said her father was "okay," and that they spoke about the flood control projects controversy, and even his love life. She later claimed that a third country has agreed to host the former president.

September 18, 2025 — ICC prosecutors recommended three medical experts specializing in forensic psychiatry, neuropsychology, and behavioral neurology to assess Duterte’s condition.

September 22, 2025 — The ICC released the redacted version of the "Document Containing the Charges" against Duterte, which was filed on July 4.

The charges, proposed by the ICC Prosecution against Duterte, involves 78 victims in 49 incidents of murder and attempted murder during his war on drugs as crimes against humanity when he was Davao City mayor and as president.

On the same day, the ICC also released the public redacted version of the prosecution's Pre-Confirmation Brief on the charges, which mentioned the names "Dela Rosa" and "Aguirre."

The first names of Dela Rosa and Aguirre were not mentioned, but the brief, already heavily redacted, referred to Dela Rosa as the PNP chief. 

Senator Ronald "Bato" Dela Rosa was the first chief of the Philippine National Police (PNP) under the Duterte presidency. Moreover, although no first name was mentioned, Duterte's first secretary of justice was Atty. Vitaliano Aguirre.

September 25, 2025 — Duterte’s camp sought to disqualify an expert female neuropsychologist on a panel intended to assess the former president, noting that she was under active suspension.

The chamber replaced her with a male doctor, whose identity remained withheld.

September 27, 2025 — Duterte's camp notified the ICC that the Philippine government appears willing to accept a decision that would allow him temporary liberty while he faces charges related to the drug war.

Lead defense counsel Nicholas Kaufman cited Palace Press Officer Undersecretary Atty. Claire Castro's remark that the Marcos administration would abide by the court's decision regarding the request for temporary release. 

However, Castro promptly called out Kaufman for "twisting" some facts, insisting that the Marcos administration has no hand in Duterte's ongoing ICC trial, particularly his interim release request, but "no matter what the ICC decides, the administration would still respect it."

September 29, 2025 — Duterte’s camp submitted medical reports to the ICC. It said the reports of the medical professional appointed by the ICC Detention Centre's Medical Officer corroborated the findings of their camp's intended expert neuropsychologist that Duterte was suffering from "cognitive impairment."

This is in relation to their earlier request indefinite adjournment of the confirmation of charges hearing. 

September 30, 2025 — The ICC Registry reported that the ICC Detention Centre's medical officer is not authorized to assess Duterte’s fitness for trial. It said the medical officer’s mandate is limited to oversight of the physical and mental health of detained persons.

October 10, 2025 — The ICC made public the Pre-Trial Chamber’s decision rejecting the interim release request of Duterte. The decision was dated September 26, 2025.

The Pre-Trial Chamber found that Duterte’s detention continued "to remain necessary under article 60(2) of the Statute based on each of the requirements set by article 58(1) of the Statute."

Included in the decision was Duterte's contention against his arrest and detention, his family's demand that he should be brought back to the Philippines, and the vice president's remarks on breaking her father out of ICC detention. It also cited Duterte’s contacts and influence in the Philippines which may help him abscond, and the possible risk against witnesses.

Further, the chamber said claims that Duterte is suffering from cognitive impairment does not affect its decision on his detention. It also rejected the Duterte’ camp’s argument that he should be released for humanitarian reasons.

For its part, Duterte's camp said it filed an appeal to the ICC decision "a week ago."

October 14, 2025 — The ICC appeals judges granted the Duterte camp's request and disqualified Khan due to a possible conflict of interest. 

The appeals chamber said that Khan might appear to be biased due to his previous role, where he represented the Philippines' Human Rights Commission in naming Duterte as a top suspect, and so was disqualified from the case.

October 17, 2025 — The Pre-Trial Chamber I ordered a medical examination for Duterte to determine his fitness to stand for trial amid the Duterte camp’s request for indefinite postponement.

October 23, 2025 — the Pre-Trial Chamber I rejected Duterte’s challenge to its jurisdiction. The tribunal also struck down the defense's request to postpone the issuance of its decision on the challenge to its jurisdiction.

October 28, 2025 — Duterte’s team asked the ICC Appeals Chamber to reverse the ruling that affirmed the tribunal’s jurisdiction over the former president, and find that no legal basis exists for the continuation of the proceedings against him.

His camp also asked the chamber to order his immediate and unconditional release.

October 29, 2025 — The ICC Appeals Chamber tasked Judge Luz del Ibañez Carranza to preside over the appeal filed by Duterte’s camp on the ICC’s jurisdiction.

November 5, 2025 — The Duterte camp disclosed 13 items of evidence on November 3 to the Office of the Prosecutor and the Office of Public Counsel for Victims (OPCV).

November 7, 2025 — Duterte’s camp asked the Pre-Trial Chamber I to disqualify a male doctor from checking whether the former president is fit for trial. 

The defense noted the doctor's alleged lack of experience and his posts on social media. It also provided undisclosed examples of his "sickening and offensive" reposted tweets, and replies to tweets, that supposedly demonstrate his "manifest lack of professionalism."

The doctor had replaced the female neuropsychologist who was previously removed from the panel for being under suspension.

November 14, 2025 — The Pre-Trial Chamber I appointed a new expert to join the medical panel for Duterte’s fitness check. At the same time, the ICC revoked the appointment of another panel member and restricted her access to documents about Duterte's case.

Meanwhile, in a separate filing, Duterte’s team again asked the Appeals Chamber to "order his immediate and unconditional release."

November 21, 2025 — the ICC Appeals Chamber scheduled the delivery of its ruling on Duterte’s appeal for his interim release request on November 28.

November 28, 2025 — The ICC Appeals Chamber denied Duterte's appeal on the rejection of his request for interim release. 

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Meanwhile, below is a timeline regarding the filing of the first complaint against Duterte up to his arrest and transfer to the ICC in The Hague, Netherlands.

TIMELINE: The Philippines and the ICC

— VDV, GMA Integrated News