FACT CHECK: ICC judges did not withdraw from Duterte case

Claim: Three International Criminal Court (ICC) judges have withdrawn from the crimes against humanity case of detained former president Rodrigo Duterte, whose release has been confirmed. 

Rating: FALSE 

Why we fact-checked this: The post has already received 4,300 reactions, 1,100 comments, and 389 shares as of writing. It was posted on February 26, on the third day of the confirmation of charges hearing in Duterte’s case. 

The post shows a composite photo of Duterte’s lawyer, Nicholas Kaufman, and ICC deputy prosecutor Mame Mandiaye Niang, both holding documents with the word “RELEASED” written on them. 

The text on the photo reads, “FPRRD panalo na! Confirmed! Good news! Released na!”

([Former President Rodrigo Duterte] wins! Confirmed! Good news! He’s released!)

The post’s caption also claims that three ICC judges have withdrawn from the case. 

Most of the comments believed the claim, with commenters thanking Kaufman for supposedly securing the former president’s release.

The facts: The judges of Pre-Trial Chamber I have not withdrawn from Duterte’s case, and there is no order for his release either. None of these claims can be found in the most recent ICC press release, dated February 27, that discussed the conclusion of the pre-trial hearing.

The misleading Facebook post, made amid the four-day pre-trial hearing, implied that ICC judges have already issued a decision favorable to Duterte.

This is not the case. With the conclusion of the pre-trial hearings, the ICC said that the judges will now start their deliberations, and the Pre-Trial Chamber will deliver a written decision within 60 days, in accordance with Regulation 53 of the Regulations of the Court. 

The judges may confirm the charges and proceed to a full trial if they determine that there is sufficient evidence, decline and stop the proceedings because of insufficient evidence, or adjourn the hearing and request the Prosecutor to “provide further evidence, to conduct further investigations or to amend any charge for which the evidence submitted appears to establish a crime other than the one charged was committed.”

Altered photo: The photos of Kaufman and Niang holding documents with “RELEASED” written on them are altered. A reverse image search does not show any similar real photos of the two holding such documents, which are implied to be an alleged release order for Duterte.

AI detector tool Decopy AI flagged the photo of Kaufman as 100% AI-generated. According to its analysis, “The clear RELEASED text contrasts with the unrealistic small text and soft edges, suggesting an AI influence on those parts.” 

It also flagged the photo of Niang as 81% likely to be AI-generated. “The paper held by the person features the word RELEASED in bold red letters, which stands out prominently. However, the smaller printed text on the document is blurry and unreadable, lacking the crispness usually seen in real photos,” according to its analysis. 

Duterte’s ICC case: Duterte was arrested on March 11, 2025, and was sent to the ICC detention facility in The Hague, Netherlands, to face charges of crimes against humanity for his war on drugs. 

Over 30,000 individuals, including children and civilians, were killed in his campaign against illegal drugs, which human rights groups described as a war against the poor. 

The pre-trial hearings, held on February 23, 24, 26, and 27, had prosecutors detailing Duterte’s alleged orchestration of extrajudicial killings, citing witness testimonies and the former president’s public statements that encouraged violence. (READ: ICC prosecution confident Duterte case will move to trial)

Kaufman, meanwhile, argued that there supposedly was no causal link or direct linkage from Duterte’s words to the killings.

Previous fact-checks: Rappler has previously debunked similar false claims about Duterte’s ICC case: 

• FACT CHECK: ICC ruling on Duterte waiver misrepresented as decision on his release 
• FACT CHECK: Duterte not set to be released in February 2026, ICC case ongoing 
• FACT CHECK: Photo of Duterte with a gun, shown at ICC, taken out of context in viral video 
• FACT CHECK: ICC judges did not walk out during Joel Butuyan’s opening statement 

– Angelee Kaye Abelinde/Rappler.com 

Angelee Kaye Abelinde is a student journalist based in Naga City, and an alumna of Rappler’s Aries Rufo Journalism Fellowship 2024. 

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