Duterte Finally Faces ICC for the First Time

By Joseph Bernard A. Marzan

Former Philippine President Rodrigo Duterte, once basking in his strongman title as the leader of Southeast Asia’s oldest republic, appeared frail on March 14 when he faced the International Criminal Court (ICC) in the Netherlands.

Duterte, who is detained at the Hague Penitentiary Institution in Scheveningen, attended his initial hearing via video link.

His counsel, former Executive Secretary Salvador Medialdea, was present in the chamber.

“I am Rodrigo Roa Duterte,” he said in a slurred manner, confirming his identity before the three-woman Pre-Trial Chamber I.

The former president also struggled to state his date of birth (March 28, 1945) and place of birth (Leyte).

Defense Calls Arrest ‘Kidnapping’

Medialdea wasted no time calling out what their camp deemed political persecution, even describing his client’s arrest as ‘kidnapping.’

“To us lawyers, this would be called an extrajudicial rendition. To the less legally inclined, it is pure and simple kidnapping,” Medialdea said.

“My client was denied all access to legal recourse in the country of his citizenship—all in the name of political score-settling.”

He also accused two entities of colluding—one being the incumbent Philippine president, whom he claimed sought to erase Duterte’s legacy, and the other, a “troubled” ICC desperate for a prized catch and legal spectacle.

Court Rejects Motions

Presiding Judge Iulia Motoc announced that the chamber rejected all motions, including a request to postpone the initial appearance.

Motoc cited Article 61 of the Rome Statute and Rule 121 of the ICC’s Rules of Procedure and Evidence, stating that Duterte’s team did not require additional time to prepare.

“Firstly, the chamber must ensure that the person subject to the arrest warrant has been informed of the crimes he is accused of,” she said in French, which was translated into English via the ICC livestream.

“Second, the chamber must ensure that this person has been informed of his rights under the Rome Statute.

“Third, the chamber must set a date for the confirmation of charges hearing.”

Duterte’s Rights at the ICC

Motoc outlined the rights afforded to Duterte under the case, including:

• The assistance of a competent interpreter, free of charge, and access to necessary translations.
• The right to time and facilities to prepare his defense and communicate confidentially with his legal counsel.
• The right to remain silent and not be forced to testify against himself.
• The right to make statements in his defense without taking an oath.
• The right to apply for interim release pending trial.
• The right to be informed of the charges in a language he fully understands.

Health Concerns Raised

Motoc acknowledged Duterte’s health condition in detention, stating that the court’s doctor had examined him.

“With regard to Mr. Duterte’s health, the court has taken specific measures, and upon his arrival at the detention center, the doctor confirmed he was mentally aware and fit,” she said.

She added that Medialdea had cited Duterte’s health issues as a reason for not attending in person, but the doctors determined he was unable to be physically present but could participate via video link with written consent.

Confirmation of Charges Set for September

Motoc announced that the confirmation of charges hearing is scheduled for Sept. 23.

This hearing will be critical, as it will determine whether the case proceeds to trial.

“At the confirmation of charges hearing, you can contest the charges, challenge the evidence presented by the prosecutor, and present your own evidence,” Motoc explained.

“There will be no trial if the charges are not confirmed.”

New Lead Counsel Appointed

On March 15 (Philippine time), Vice President Sara Duterte announced that her father’s legal team had appointed Nicholas Kaufman, an ICC-accredited lawyer from the United Kingdom and Israel, as lead counsel.

Since Duterte’s March 11 arrest at Ninoy Aquino International Airport in Pasay City, his supporters have staged small protests across the Philippines and in the Netherlands.