"This is it. The ICC itself said Father Digong is innocent," reads the Tagalog-language caption of a TikTok video on March 15, using Duterte's popular nickname among his supporters.
The 1:30 clip of ICC chief prosecutor Khan has been viewed more than 113,000 times. It starts with him saying: "As we now start a new stage of proceedings, Mr. Duterte is presumed innocent."
The video continues with Khan saying Duterte will make an initial appearance before the court and discussing the process of prosecuting the Philippines ex-leader.
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Screenshot of the false TikTok post, taken on March 19, 2025
Duterte made his first appearance before The Hague-based ICC tribunal on March 13, where he faces crimes against humanity charges over his deadly crackdown on narcotics (archived link).
Other TikTok posts misinterpreting Khan's quote about the presumption of innocence misled users.
"Thank you Sir and ICC," read one comment, while another said: "This means our Father Digong can come home."
But Khan was referring to a legal right afforded to all defendants in criminal trials and the full video shows he was talking about the prosecution process of Duterte's case.
Legal right of defendants
According to the Rome Statute, the ICC's founding treaty, a defendant is presumed innocent until proved guilty before the court (archived link).
"The onus is on the Prosecutor to prove the guilt of the accused," the document said.
Google reverse image searches found the posts lifted the clip of Khan from a longer video posted by the ICC on March 12 -- a day before Duterte made his first appearance at the tribunal (archived link).
"ICC Prosecutor Karim A.A. Khan KC on the arrest of former Philippine president Duterte," reads the video's title.
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Screenshot comparison of the false TikTok post (L) and the ICC's video of Karim Khan
At the clip's 1:36-mark Khan said: "When we come together, when we work, when we build partnerships, the rule of law can prevail. Warrants can be executed. It's important to underline that as we now start a new stage of proceedings, Mr. Duterte is presumed innocent. He will make his appearance before the court soon."
He also said: "The judges have found reasonable grounds to believe Mr. Duterte has committed the crime of murder".
The ICC has set the date of September 23 for the next stage of the process: a hearing to confirm the charges (archived link). A suspect can challenge the prosecutor's evidence during this hearing.
Only after that will the court decide whether to press ahead with a trial, a process that could take several months or even years.
AFP has repeatedly debunked misinformation related to Duterte's arrest.