Duterte Absent as First ICC Hearing on Drug War Takes Place

Former Philippine President Rodrigo Duterte was unable to attend in person at the International Criminal Court (ICC) for the commencement of the crimes against humanity hearing concerning his lethal anti-drug campaign.

The 79-year-old, who is the first former Asian head of state to face charges at the ICC, participated via videolink during a brief session to inform him about the crimes he is accused of committing and his rights as a defendant.

Appearing frail in a blue suit and tie, he spoke briefly to confirm his name and date of birth. Presiding Judge Iulia Motoc permitted him to follow the proceedings in absentia due to the extensive flight he took to reach The Hague.

Duterte’s attorney, Salvador Medialdea, asserted in court that his client had been “abducted from his country.”

Mr. Medialdea also stated that Duterte was experiencing “debilitating medical issues,” adding: “Other than to identify himself, he is unable to contribute to this hearing.”

Duterte appeared drowsy during the proceedings, frequently closing his eyes for extended periods.

However, Judge Motoc reassured Mr. Duterte, saying: “The court doctor was of the opinion that you were fully mentally aware and fit.”

She scheduled the next phase of the process, a hearing to confirm the charges, for 23 September.

Supporters of Rodrigo Duterte gathered outside the court in The Hague.

Mr. Duterte faces charges of “murder as a crime against humanity” linked to his lethal war on drugs.

The ICC sought to charge Duterte for his lengthy campaign against drug dealers and users, which rights organizations claim resulted in the deaths of tens of thousands.

Upon his arrival in The Hague, the former leader seemed to take responsibility for his actions, stating in a Facebook video: “I have been telling the police, the military that it was my job and I am responsible.”

His arrest in Manila occurred amid a breakdown in relations between his family and the Marcos family, which had previously collaborated in governing the Philippines.

Current President Ferdinand Marcos and Vice President Sara Duterte—Mr. Duterte’s daughter—are in conflict, with the latter facing an impeachment trial over allegations, including a purported assassination plot against Mr. Marcos.

Ms. Duterte is in The Netherlands to support her father, calling his arrest “oppression and persecution.”

Meanwhile, victims of the “war on drugs” hope for justice regarding his alleged crimes.

Gilbert Andres, a lawyer for the victims, remarked: “My clients are very thankful to God because their prayers have been answered.”

“The arrest of Rodrigo Duterte is a significant signal for international criminal justice. It indicates that no one is above the law,” Mr. Andres added.

This high-profile case comes at a pivotal time for the ICC, as it experiences unprecedented pressure from various fronts, including sanctions from the US.

Last month, US President Donald Trump implemented sanctions against the court, calling its actions “illegitimate and baseless” and targeting America and its close ally, Israel.

The ICC has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant for alleged war crimes and crimes against humanity during the Gaza war.

The Hague Penitentiary Institution where Rodrigo Duterte is currently detained.

Chief Prosecutor Karim Khan hailed Mr. Duterte’s arrest as a critical moment for both victims and international justice as a whole.

“Many argue that international law is not as robust as we would like, and I concur. However, as I have often reiterated, international law is not as feeble as some may assume,” Mr. Khan stated following Mr. Duterte’s transition to ICC custody.

“When we unite … when we forge partnerships, the rule of law can prevail. Warrants can be executed,” he added.

During the initial hearing, a suspect can request temporary release pending trial, as per ICC regulations.

Following this initial session, the next step will be a gathering to confirm the charges, during which a suspect can contest the prosecutor’s evidence.

Only after this hearing will the court determine whether to proceed with a trial, a process that could extend for several months or potentially years.

“It’s crucial to emphasize that as we commence this new stage of proceedings, Mr. Duterte is presumed innocent,” asserted Mr. Khan.

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