MANY ears and eyes were at bat Monday on the monitors in the Philippines, 11,050 kms from The Hague, as the critical pre-trial stage began with former president Rodrigo Duterte in the dock on charges related to his “war on drugs” campaign.
The pre-trial hearing – lasting Monday up to near midnight from 5 pm, Manila time — will determine whether there is sufficient evidence to establish “substantial grounds” to believe Duterte, 81 next month and detained at the ICC’s detention unit at Scheveningen Prison since mid-March last year, committed the charges of crimes against humanity of murder and attempted murder.
Judges at the International Court of Justice opened the confirmation of charges in the investigation into killings linked to Duterte’s “war on drugs” – with the hearing scheduled over four days (Feb. 23, Feb. 24, Feb. 26, and Feb. 27) – to determine whether prosecutors have presented enough evidence for the case to proceed to trial.
Duterte, who said he did not recognize the court’s juridiction, will not be present at the hearing in The Hague after the court granted a defense request to waive his right to appear, despite judges ruling he was fit to take part.
ICC prosecutors have charged Duterte with three counts of crimes against humanity, alleging his involvement in at least 76 murders between 2013 and 2018.
The true number of killings during his campaign is thought to be in the thousands, and lawyers for the victims have argued a full trial could encourage many more families to come forward.
Duterte, president from 2016 to 2022, was allegedly responsible for the crimes against humanity of murder and attempted murder, allegedly committed on the territory of the Philippines between Nov. 1, 2011 and March 16, 2019 in the context of the ‘war on drugs’ campaign.
The purpose of the confirmation of charges hearing is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. If one or more of the charges are confirmed, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial.
The Prosecution, the Defense, and the victims’ lawyers will explain their arguments to the judges, with the following alloted time for oral representation Monday:
• Prosecution: 30 minutes for opening statements, 2 hours and 30 minutes for submissions on the merits and 30 minutes for closing statements
Common legal representatives of the victims: 30 minutes for opening statements, 1 hour and 30 minutes for submissions on the merits and 30 minutes for closing statements;
• Defense: 30 minutes for opening statements, 3 hours and 30 minutes for submissions on the merits and 30 minutes for closing statements.
The ICC said the schedule may change if needed, depending on how the proceedings develop. The hearing can be watched online with a 30-minute delay on the ICC website, Facebook, and YouTube.
This hearing is not a trial… the judges will not decide on Duterte’s innocence or guilt, according to ICC spokesperson Oriane Maillet Huber.
No ruling will be issued during the confirmation of charges hearing itself.
After proceedings terminate, the three judges have up to 60 calendar days to review submissions and render a decision, though ICC officials note decisions have sometimes come earlier.
