FACT CHECK: Duterte not released after ICC pre-trial

Claim: Following the conclusion of his confirmation of charges hearing at the International Criminal Court (ICC), former president Rodrigo Duterte has already been released and was photographed at the airport.

Rating: FALSE

Why we fact-checked this: The claim appeared on a Facebook page posing as a news outlet with 47,000 followers. As of writing, the post has 2,100 likes, 713 comments, and 127 shares.

Text overlaid on the photo reads: “PRRD sa ICC, makakalaya na? Nasa airport na. Atty. Kaufman ginalingan. Good news ito!”

([President Rodrigo Roa Duterte] at the ICC, will he be set free? He’s already at the airport. Atty. Kaufman did an excellent job. This is good news!)

The post also included a link purporting to lead to an article supporting this claim.

The claim circulated following the four-day confirmation of charges hearing in Duterte’s crimes against humanity case, which ended on February 27. 

The facts: Duterte remains in custody at the ICC detention center in The Hague, The Netherlands. No announcements or rulings about his supposed release can be found on the ICC’s official website. Contrary to the claim, the conclusion of his pre-trial did not result in an order for his release or return to the Philippines.

It is important to note that a confirmation of charges hearing is not a trial. Its purpose is to determine whether there is sufficient evidence for the case to proceed to trial, not to issue any verdict or release order. 

Following the hearings’ conclusion on February 27, the ICC Pre-Trial Chamber I has begun deliberations and is set to issue a written decision within 60 days. The judges may confirm the charges and move the case to a full trial, dismiss the charges for lack of evidence, or request additional investigations. Pending this decision, Duterte remains under ICC custody.

AI-generated: An analysis conducted using the AI Image Detector found that the image of Duterte at the airport is highly likely to be AI-generated. The tool classified the image under the label “AI” with a confidence score of 99.95%, while assigning only 0.05% confidence to the possibility that it was human-generated.

A further review using Decopy AI’s Image Detector also categorized the image as likely AI-generated, assigning it an AI probability score of 61%. In its detailed breakdown, the tool examined specific visual elements, including facial features, clothing texture, background composition, and text overlays.

The report noted that while the faces display natural wrinkles, varied skin texture, and candid expressions, advanced AI models can now replicate these details convincingly. The airport background also appears realistic, yet remains within the capabilities of AI-generated imagery.

Likely to face ICC trial: The ICC pre-trial hearings, which took place from February 23 to 27, featured the prosecution and the defense presenting their submissions on the merits of the case. 

During these hearings, prosecutors presented evidence linking Duterte to extrajudicial killings under his anti-drug campaign, including testimony on the Davao Death Squad and high-profile cases such as the killing of 17-year-old Kian delos Santos. Victims’ representatives emphasized the ongoing threats and the culture of impunity left behind, while Duterte’s defense argued that his actions and statements were lawful and aimed at enforcing law and order.

The ICC prosecution expressed confidence that it will be able to confirm charges against Duterte, adding that the issues raised by Nicholas Kaufman, Duterte’s lead defense counsel, were matters that need to be discussed at trial.

Kaufman, however, argued that it was unfair if the judges were to keep Duterte detained “for years to come” just because they agreed that the issues the defense raised were better heard at trial.

According to the ICC, if the charges are confirmed, totally or partly, the case will be transferred to a Trial Chamber for the subsequent phase of the proceedings. – Marjuice Destinado/Rappler.com

Marjuice Destinado is a senior political science student at Cebu Normal University (CNU) and an alumna of the Aries Rufo Journalism Fellowship of Rappler for 2025.