Rodrigo Duterte to face ICC Pre-Trial Chamber for first appearance

MANILA, Philippines — Former President Rodrigo Duterte is set to make his first appearance before the International Criminal Court’s (ICC) Pre-Trial Chamber I at 9 p.m. (PST) on Friday, March 14.

ICC spokesperson Fadi El Abdallah announced the schedule a day after Duterte was transferred to the international tribunal’s custody on Wednesday night, March 12.

The announcement puts to rest speculation from Duterte’s supporters claiming he is not in the ICC’s detention facility. 

Abdallah also confirmed last night that Duterte is at the ICC detention center in Scheveningen, refuting former Executive Secretary Salvador Medialdea’s claim that Duterte was not in the facility.

He added that the former president was admitted on Thursday after undergoing medical checks.

In a statement, Kristina Conti and Neri Colmenares, legal counsels for drug-related extrajudicial killing victims, said Duterte’s participation in the legal process also offers an opportunity to educate the public on due process for individuals suspected of crimes — something many EJK victims were denied.

“This is a unique opportunity to educate ourselves on the intricacies of due process, which victims of the ‘war on drugs’ have barely enjoyed,” the statement read. 

But what does an initial appearance mean? 

The ICC’s process

Before issuing an arrest warrant, the ICC conducts preliminary examinations and investigations into alleged crimes. The ICC has jurisdiction only over individuals charged with:

• Genocide
• Crimes against humanity
• War crimes
• Crimes of aggression

In Duterte’s case, he was arrested on charges of crimes against humanity for his administration’s anti-illegal drugs campaign, during which thousands of extrajudicial killings occurred.

With Philippine authorities serving Duterte’s arrest warrant on the instruction of the International Criminal Police Organization (Interpol), the next step is his appearance before the Court.

This is what the ICC calls the “first appearance.” Its purpose is to:

• Verify the identity of the suspect
• Inform the suspect of the charges against them
• Advise the suspect of their rights under the Rome Statute
• Determine the language to be used in the proceedings and whether the suspect understands English

After the first appearance, the process will proceed with the following steps:

• Confirmation of charges
• Trial
• Verdict
• Sentence
• Appeals
• Reparations

No special treatment

Conti and Colmenares also mentioned that Duterte has the right to seek interim release pending trial, which allows a detainee of an international tribunal to be released while awaiting the case’s resolution.

However, the legal counsels argue that Duterte “should not receive special treatment” as the ICC’s detention facility is already “well-equipped to assist him.” They add that this is the least that can be done for the victims of his bloody drug war.

WATCH: A look inside the detention facility of the International Criminal Court

“Victims believe he is a flight risk — he is running for mayor of Davao City — and a threat to the safety of witnesses and evidence, and will present these comments on any such petition in a timely and proper manner,” the statement read.  

Since Duterte arrived in The Hague, Netherlands, supporters have protested for his return to the Philippines. 

At the same time, several groups have rallied for justice for the victims of his war on drugs — remembering the names of Filipino children who were killed and treated as “collateral damage.”

“Duterte’s best defense lies within the court’s walls, not with politics in the Philippines or rallying outside the detention center. For all the damage done, allow us this one comfort and opportunity to confront him in an even playing field,” they added. 

Duterte’s initial appearance can be streamed on the ICC’s website with a 30-minute delay.