Ex-Philippine president to face ICC proceedings, envoy confirms

Former Philippine president Rodrigo Duterte will not stand trial in a local Dutch court, Philippine Ambassador to the Netherlands J Eduardo Malaya confirmed on Thursday.

The envoy stated that the former leader is in the custody of the International Criminal Court (ICC) at the ICC Detention Centre in The Hague.

“(He) won’t be brought to a Dutch court,” Malaya told the Philippine News Agency.

“It will be proceedings before the ICC all the way. There is no requirement for an arrested person to be brought before a Dutch local court under the Rome Statute.”

Following Duterte’s arrest and surrender to the ICC, international law expert and Dean of the San Sebastian College-Recoletos Graduate School of Law Rodel Taton said the next step is the confirmation of his identity and the charges against him.

The Pre-Trial Chamber, he explained, will then determine whether there is sufficient basis to proceed to trial.

“Right now, he is a suspect, but once confirmed, he becomes an accused in that particular matter,” he said.

“Once his identity and the charges are confirmed, it transitions from a situation to a formal case.”

If the trial proceeds, the prosecution will present its evidence, while Duterte will have the opportunity to present his defence, Taton added.

Duterte was served an ICC arrest warrant for crimes against humanity upon his arrival from Hong Kong via Cathay Pacific flight CX 907.

The ICC launched an investigation in September 2021 into alleged crimes committed during the Philippines' anti-drug campaign from Nov 1, 2011, to March 16, 2019, a period covering Duterte’s tenure as both Davao City mayor and Philippine president.

The probe was suspended in November 2021 after Manila requested a deferral, citing local investigations into reported deaths and abuses. However, in 2023, the ICC authorised the resumption of its inquiry.

In a 15-page arrest warrant, the ICC asserted its jurisdiction over the case, stating that the alleged crimes took place while the Philippines was still a state party to the Rome Statute.

The Philippines ratified the Rome Statute in November 2011 but withdrew on March 17, 2018, with the withdrawal taking effect on March 17, 2019.

- Bernama

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