The International Criminal Court (ICC) is set to hold a hearing to determine whether former Philippine President Rodrigo Duterte should stand trial for crimes against humanity over his deadly antidrug crackdown.
The four-day “confirmation of charges” hearing, which starts today, will determine whether there is enough evidence against Duterte to proceed to a formal trial.
However, Duterte will not be present at the hearing in The Hague after the court granted a defence request to waive his right to appear, despite judges ruling that he was fit to take part.
The case marks a reversal of fortune for the 80-year-old former leader, who has repeatedly cursed the ICC, and offers families of victims and survivors of his bloody six-year war on drugs a chance at justice.
Duterte, who was President from 2016 to 2022, was arrested in Manila in March last year, flown to the Netherlands and has since been held at the ICC’s detention unit at Scheveningen Prison.
He followed his initial hearing three days later via videolink, appearing dazed and frail and barely speaking.
ICC prosecutors have charged Duterte with three counts of crimes against humanity, alleging his involvement in at least 76 murders between 2013 and 2018.
The true number of killings during his campaign in the Philippines is thought to be as high as 30,000, and lawyers for the victims have argued that a full trial could encourage many more families to come forward.
The first of the 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.
Duterte denies the charges, his lawyer Nicholas Kaufman told journalists in advance of the hearing.
In a letter sent to the court earlier, Duterte remained defiant, saying that he does “not recognise” the jurisdiction of the court and that he is “proud” of his legacy.
Duterte also accused the court of carrying out his “kidnapping” in cooperation with incumbent President Ferdinand Marcos Jr, a former ally and the 2022 running-mate of his daughter, Vice President Sara Duterte.
The Philippines left the ICC in 2019, on Duterte’s instructions, but the court has ruled that it still has jurisdiction over alleged crimes committed there between 2011 and 2019.
The defence has appealed the ruling, with a decision still pending.
Human Rights Watch Welcomes Hearing On Charges Against Duterte
The United States-based watchdog Human Rights Watch said that the hearing is “a critical step in ensuring justice for victims of the Philippines’ ‘war on drugs’”, while families of victims called it a “moment of truth.”
Duterte, the first Asian former Head of state to appear before the ICC, remains hugely popular in the Philippines, where many favoured his tough approach to crime.
Two demonstrations have been registered for Monday in The Hague – one in support of Duterte and another in support of the victims.
Following the hearing, the judges will have 60 days to issue a written decision.
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