FACT CHECK: Duterte ICC case still ongoing, not dismissed

Claim: Former president Rodrigo Duterte has been released from detention as the International Criminal Court (ICC) decided to dismiss his crimes against humanity case.

Rating: FALSE

Why we fact-checked this: A YouTube video uploaded by News Update Files bears the claim, and it has garnered more than 34,000 views, 2,700 likes, and 340 comments since it was posted on February 24.

The video is titled, “FPRRD nakalaya na! Dismissed na! ICC nag-desisyon bigla! Nagka-botohan sa ICC, Duterte panalo.” 

([Former president Rodrigo Roa Duterte] is already free! The case is dismissed! The ICC suddenly made a decision! A vote was held at the ICC, and Duterte won!)

While the channel presents itself as a “trusted source” for news, some of its videos contain claims that have already been previously debunked. 

The facts: Duterte’s case is currently in the confirmation of charges stage and has not been dismissed. This critical pre-trial phase will determine if there is enough evidence against Duterte to establish “substantial grounds to believe” that he is responsible for alleged crimes against humanity committed between November 1, 2011, and March 16, 2019, in the context of the “war on drugs” campaign.

On Wednesday, February 25, the hearing is on a one-day recess following the first two consecutive days of pre-trial hearings. As stated in the court’s official calendar, proceedings are set to resume on Thursday, February 26, and conclude on Friday, February 27.

The misleading video offers no evidence for its claim. Throughout the 30-minute video, the commentator replayed a livestream of the February 23 pre-trial hearing held in The Hague, The Netherlands. While the narrator offered a few comments and reactions, none of his statements supported the claims made in the video’s title.

Update on the case: Duterte faces charges of crimes against humanity and has been detained at the ICC since his arrest in March 2025. The charges stem from alleged killings carried out by the Davao Death Squad and killings in Duterte’s so-called war on drugs.

On the first day of the pre-trial on February 23, the prosecution presented testimonies from unnamed witnesses who said they had worked as assassins for the Davao Death Squad. Duterte’s defense team, meanwhile, argued that the charges were politically motivated and that Duterte’s inflammatory remarks about the killings were just hyperbole. (READ: HIGHLIGHTS: Day 1 of Duterte pre-trial)

On the second day of the hearing, the prosecution detailed how Duterte was allegedly at the top of the command line in enforcing a state policy of killing alleged drug users and peddlers. (READ: Insider witnesses: Duterte drug war victims ‘had to be the poor’)

When the hearing resumes on February 26, the defense will have its turn in presenting its submission on the merits of the case. The final session on Friday will include closing statements of the prosecution, defense, and the common legal representatives of victims.

Duterte’s absence: Duterte was absent at his pre-trial after signing a formal waiver of his right to attend the confirmation of charges hearing, a request that was approved by the ICC Pre-Trial Chamber I on February 20. 

In his waiver, he reiterated his rejection of the court’s jurisdiction, describing his detention as a “kidnapping” and stating that he preferred to stay in his cell rather than participate in proceedings he claimed he would “forget within minutes” due to his age.

In granting his request, the ICC noted that it allowed Duterte’s absence based on his waiver, not for health reasons.

Earlier, Duterte’s team claimed that the former president was cognitively impaired. In late January 2026, the judges declared Duterte fit for pre-trial following assessments by an independent panel of medical experts appointed by the court. The court also allowed “reasonable accommodations” such as shorter sessions and frequent breaks. – Princess Leah Sagaad/Rappler.com

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