The International Criminal Court (ICC) has formally referred the case The Prosecutor v. Rodrigo Roa Duterte to Trial Chamber III, composed of Judges Joanna Korner of the United Kingdom, Keebong Paek of the Republic of Korea, and Nicolas Guillou of France.
The referral order, signed on April 24 by ICC President Judge Tomoko Akane, First Vice-President Judge Rosario Salvatore Aitala, and Second Vice-President Judge Reine Alapini-Gansou, cited the need to manage workload and expedite proceedings.
The move comes a day after Pre-Trial Chamber I confirmed all charges of crimes against humanity against Duterte.
The judges found substantial grounds to believe he is responsible for murder and attempted murder committed as part of a widespread and systematic attack against civilians in the Philippines between November 2011 and March 2019, in the context of the ‘war on drugs’ campaign. See related story: https://businessmirror.com.ph/2026/04/24/duterte-bound-for-icc-trial-on-crimes-against-humanity/
Judges’ profiles
Joanna Korner (UK)-Serving a nine-year term since 2021, Korner is a Queen’s Counsel and Companion of the Order of St. Michael and St. George. With more than 45 years in criminal law, she previously prosecuted high-ranking leaders at the International Criminal Tribunal for the former Yugoslavia.
At the ICC, she has presided over complex trials including The Prosecutor v. Ali Kushayb. She is known for her ‘no-nonsense’ trial management.
Keebong Paek (Republic of Korea)-Elected in 2024, Paek began his career as a public prosecutor in 1992 and later served as Director at Korea’s Ministry of Justice, handling ICC-related matters. He also worked at the UN Office on Drugs and Crime before joining Kim and Chang law firm, specializing in white-collar crime and cross-border asset recovery.
A graduate of Seoul National University, Columbia Law School, and Hanyang University, his PhD focused on ICC evidence law.
Nicolas Guillou (France) – Also elected in 2024, Guillou previously served as Pre-Trial Judge at the Kosovo Specialist Chambers, Chef de Cabinet at the Special Tribunal for Lebanon, and Liaison Prosecutor at the U.S. Department of Justice. He has sat in ICC chambers handling cases including Lubanga, Katanga, Ntaganda, Al Mahdi, and Ongwen, and presided over proceedings in the Palestine situation.
His reputation as a principled jurist has drawn respect in Europe and controversy abroad, particularly after U.S. sanctions in 2025 linked to his role in the Israel/Palestine investigation.
What to expect during the trialTrial Chamber III will convene status conferences with the parties to set the trial date and adopt procedures for fair and expeditious proceedings.
The Chamber will rule on preliminary issues, including disclosure of evidence.
Under Article 63 of the Rome Statute, Duterte must be present during the trial. He has been detained at the ICC Detention Centre in The Hague since March 2025.
Victims will play a central role: 539 have already been authorized to participate, represented by lawyers Joel Butuyan, Gilbert Andres, and Paolina Massidda of the ICC’s Office of Public Counsel for Victims. Additional victims may still apply through the Court’s Victims Participation and Reparations Section.
ICC suspects, including Duterte, are presumed innocent until proven guilty beyond reasonable doubt. They retain rights such as legal representation, the ability to present evidence and call witnesses, the right to remain silent, and protection against self-incrimination.
The Court also requires the Prosecution to disclose both incriminating and potentially exonerating evidence.
Wider context
Since its establishment in 2002, the ICC has pursued only a handful of heads of state.
Former Côte d’Ivoire President Laurent Gbagbo was tried and later acquitted; Kenyan President Uhuru Kenyatta’s charges were dropped; Sudan’s Omar al-Bashir remains wanted but has never been surrendered; Libya’s Muammar Gaddafi’s case was terminated after his death.
Duterte is the first Asian head of state to be committed to trial at the ICC.
The ICC investigation into the situation in the Philippines was opened in September 2021 and continues to pursue alleged crimes committed during the anti-drug campaign.
The Office of the Prosecutor has encouraged individuals with relevant information to come forward through secure channels.
Observers note that while none of the three judges has yet delivered a conviction at the ICC, their combined reputations point to a panel that will demand ironclad proof.
The trial is expected to be lengthy, closely watched, and politically sensitive, as it tests the Court’s ability to hold a former head of state accountable under international law.