ICC Convenes Hearing on Charges Against Former Philippine President Rodrigo Duterte

THE HAGUE – Beginning Monday, prosecutors at the International Criminal Court will introduce evidence to support their allegations against former Philippine President Rodrigo Duterte. This evidence aims to demonstrate his purported involvement in numerous killings tied to his controversial anti-drug campaign.

The former president faces three counts of crimes against humanity for the violent anti-drug operations he directed, initially as mayor of Davao City in the Philippines, and later during his presidency.

Human rights organizations and families of the victims have welcomed Duterte’s arrest in March, viewing it as a significant stride towards justice.

“We’ve waited so long for this moment, enduring years of anticipation without giving up,” Llore Pasco shared with journalists at a press briefing preceding the hearing. She recounted the tragic story of her two sons, who left for work in May 2017, never to return. Their bullet-riddled bodies were discovered later.

This hearing is not a full trial but provides a platform for prosecutors to present their case before the court. Following the presentation, judges will have 60 days to determine whether the charges should be upheld.

Duterte will not be present for the hearing at The Hague-based court. He waived his right to appear, writing in a letter to judges that he did not want to attend legal proceedings “that I will forget within minutes. I am old, tired, and frail.”

He also called the charges against him an “outrageous lie.”

Last month, judges found the octogenarian was fit to stand trial, after postponing an earlier hearing over concerns about his health.

Supporters of Duterte criticized the administration of current Philippine President Ferdinand Marcos Jr., Duterte’s political rival, for arresting and surrendering the former leader to a court whose jurisdiction they dispute. Detractors include his daughter, current Philippine Vice President Sara Duterte who announced last week that she would seek the presidency in the 2028 elections.

Sheerah Escudero is worried about what will happen if another Duterte comes to power. The body of her 18-year-old brother was found wrapped in packaging tape in 2017. “We know that the same policy of killings will continue,” she told reporters ahead of the hearing.

Prosecutors at the ICC announced in February 2018 that they would open a preliminary investigation into the violent drug crackdowns. In a move that human rights activists say was aimed at escaping accountability, Duterte, who was president at the time, announced a month later that the Philippines would leave the court.

Judges rejected a request from Duterte’s legal team to throw out the case on the grounds that the court did not have jurisdiction because of the Philippine withdrawal. Countries can’t “abuse” their right to withdraw from the court’s foundational Rome Statute “by shielding persons from justice in relation to alleged crimes that are already under consideration,” the September decision says.

An appeal of that decision is still pending.

Estimates of the death toll during Duterte’s presidential term vary, from the more than 6,000 that the national police have reported to up to 30,000 claimed by human rights groups.