Former president Rodrigo Duterte’s co-accused in the crimes against humanity case may soon face arrest following the ICC Pre-Trial Chamber I decision affirming the court’s authority to continue the case.
Atty. Kristina Conti, International Criminal Court assistant to counsel, said the decision means there is now an “80 percent chance that this case will proceed to trial.”
“The only remaining question is if [Duterte] is fit to stand trial but as to the investigation, well, this is an all clear signal for the investigation to continue with the determination of who are the other perpetrators of Duterte. Generally, ICC has an idea but I guess this green-lights the application for additional warrant,” Conti told ANC Dateline Philippines
Conti said that while those accused with Duterte can still question the ICC jurisdiction, the Pre-Trial Chamber I’s decision already gives an inkling on how the court thinks.
“So if anyone is arrested, including Sen. [Ronald] Bato dela Rosa, whom we have long sought after as one of the co-perpetrators, I would say it’s best to get things over and done. I would even suggest he submit himself to the jurisdiction of the court now and question the case on its merits kung siya ba talaga ay may kasalanan o wala,” she said.
In its decision issued October 23, 2025, the ICC Pre-Trial Chamber I ruled the Court can exercise its jurisdiction in the present case over the crimes alleged against Mr Duterte that were committed on the territory of the Philippines while it was a State Party.”
It also turned down the defense’s request to postpone the issuance of the decision while waiting for the determination of Duterte’s ability to participate in the pre-trial proceedings.
“I mean, if you are unfit to stand trial, you should be confined in an institution whether it’s a hospice or a hospital or a care home. He will be kept there under the custody of the ICC and checked every 120 days if he is or he continues to suffer from the infirmities. The ICC thinks of fitness to stand trial not as a static or permanent condition but more of a dynamic situation where things could change. And so he will not be brought back home.”
She noted other cases can proceed against Duterte’s co-accused. “Two, three years down the line, it will be several cases,” she said.
Conti also said the ICC will stop its proceedings if Duterte is determined to be unfit to stand trial, but will not dismiss the case. Instead, the ICC will simply archive the case.
“It will not let go of Duterte, let go of custody and will probably make arrangements for his institutionalization if that’s necessary,” she said.
