ICC prosecution lays down evidence vs Duterte in first pre-trial hearing

MANILA, February 24 ------ The prosecution team of the International Criminal Court opened the four-day pre-trial or confirmation of charges hearings on detained Rodrigo Duterte by convincing the judges there is enough evidence that the former president committed the alleged crimes against humanity over his bloody war on drugs campaign.

ICC Deputy Prosecutor Mame Mandiaye Niang, in an open court, accused Duterte, 80, of being an indirect co-perpetrator for the alleged "widespread and systematic" killings committed from November 2011 to March 2019 — a period that covered his term as mayor of Davao City and as president of the Philippines. Niang said the charges of 49 incidents of murder and attempted murder of 78 victims, including children — which amounted to three counts of crimes against humanity — were "merely a fraction" of the killings under Duterte's illegal drugs crackdown.

ICC prosecutors previously said "the total number of civilians killed in connection with the so-called 'war on drugs' campaign" ranges from 12,000 to 30,000. "Today marks an important day for international justice for the people of the Philippines," the prosecutor said during the first day of Duterte's confirmation of charges hearing, the most significant development yet in the former president's case at the ICC.

The launch of the pre-trial hearings — which will determine whether or not there is enough evidence for his case to proceed to trial — comes nearly a year after Duterte was arrested and transferred to The Hague, where the ICC sits. Monday's hearing also marks an important day for victims of Duterte's drug war, Niang said, as it was also "a reminder that those in power are not above the law."

There is "substantial ground" to believe, Niang continued, that Duterte is "criminally responsible" for those three counts of murder and attempted murder as crimes against humanity. The prosecutor accused Duterte of personally authorizing murders and hand-picking some of the victims of his war on drugs, saying the former leader played a "pivotal" role in the alleged extrajudicial killings of suspected drug dealers and users. He ended his speech by urging the judges to confirm the charges against Duterte, whom he said "must be held to account" and face trial.

CHARGES

The first of three counts against Duterte concerns his alleged involvement as a co-perpetrator in 19 murders carried out between 2013 and 2016 while he was mayor of Davao City. The second relates to 14 murders of so-called "High Value Targets" in 2016 and 2017 when he was president. The third charge covers 43 murders committed during "clearance" operations of lower-level alleged drug users or pushers across the Philippines between 2016 and 2018. Ahead of the hearing, Duterte's lead counsel Nicholas Kaufman said that the former president denies the charges. During his opening statement, Kaufman told ICC judges that the evidence against Duterte was "wholly insufficient" and the charges were "grievously misplaced and politically motivated". Duterte "stands behind his legacy resolutely," Kaufman also said, and "maintains his innocence absolutely."

'HISTORIC MOMENT'

Rival groups of demonstrators camped outside the court. Patricia Enriquez said it was a "historic moment" for victims of Duterte's alleged crimes. "It is emotional. It is hopeful. It is also very painful," the 36-year-old researcher told Agence France-Presse. "I'm hoping that all the Filipinos and everybody in the world will stand with us, stand with truth, stand with justice and stand with accountability," she said.

Aldo Villarta, a 35-year-old chef, said it was a "slap in the face" for the Philippines that an international court was trying the country's former leader. "We've already suffered so long from colonization," said Villarta, who also argued that Duterte's human rights were being infringed upon by imprisonment.

WHAT HAPPENS AFTER PRE-TRIAL HEARINGS?

The chamber has scheduled the confirmation of charges hearing for Duterte to take place on February 23, 24, 26, and 27 at The Hague, the Netherlands. Duterte's confirmation of charges hearing was supposed to be held on September 23, 2025, or five months ago, and was postponed due to a request from his defense team.

Duterte will not be present physically or virtually after the court allowed him to skip the hearings through his defense team's request to waive his right to appear. He is represented by his lead counsel Kaufman and a battery of other lawyers. ICC judges previously found that Duterte is fit to take part in the pre-trial proceedings despite his camp's assertions of his alleged cognitive decline. The public won't expect a decision from the judges on or immediately after the four-day hearings, as they will still have 60 days to issue a written ruling.

Source: news.abs-cbn.com