INTERNATIONAL Criminal Court (ICC) judges on Wednesday threw out a challenge against the court’s jurisdiction by former president Rodrigo Duterte, removing another obstacle to his trial for crimes against humanity over his bloody war on drugs.
The 81-year-old faces three counts of crimes against humanity at the international court based in The Hague over murders allegedly committed as part of his crackdown on drug users and pushers.
The allegations relate to his time as mayor of Davao City between 2013 and 2016, and then as president until March 2019, when the Philippines, upon his orders, withdrew from the ICC.
Duterte’s defense had argued the court had no jurisdiction over alleged crimes in the Philippines because the country is no longer subject to the Rome Statute, the ICC’s founding text.
The prosecution countered that the alleged crimes occurred while the Philippines was still a member of the ICC and so judges can rule on Duterte’s case.
In an initial decision in October, the ICC Pre-Trial Chamber sided with the prosecution, ruling that the investigation into Duterte began before the Philippines’ withdrawal.
The appeals court threw out the defense team’s challenge of that decision and said it failed to demonstrate any error of law in the Pre-Trial Chamber’s decision.
The court “has rejected all four grounds of appeal,” said Presiding Judge Luz del Carmen Ibáñez Carranza.
“Having rejected the entire appeal, the appeal chamber considers that the defense request for the immediate and unconditional release of Mr. Duterte is moot,” she added.
In a separate procedure, judges are weighing whether to confirm the charges against Duterte, the final step before a trial, which would be the first against a former head of state from Asia. That decision is expected to be released by April 28 or earlier.
At hearings in February, the prosecution alleged that Duterte was responsible for thousands of deaths during his war on drugs.
His defense said there was no “smoking gun” directly linking Duterte’s fiery rhetoric and threats against drug users and actual murders.
In any case, Duterte is unlikely to appear in court.
The court granted his request not to appear for the hearings in February, with his defense saying he was not mentally fit.
The only time he has been seen since his arrest and transfer to The Hague was at an initial appearance via videolink, at which he came across as confused and exhausted.
He did not appear at Thursday’s reading of the decision.
Accountability
Groups calling for accountability for the victims of the drug war welcomed the ICC ruling.
In a statement sent to The Manila Times on Wednesday, a spokesman for the group Duterte Panagutin (Make Duterte Accountable), Joel Vega, said they expected the ruling.
“Although we anticipate this ruling, we welcome this definitive development since the Duterte defense lawyers have exploited all opportunities to derail or block a full trial,” Vega said.
“We now expect the confirmation of charges soon. All these developments are to be expected given the strong evidence that will be presented in court,” he added.
Vega said his group, which held a protest against Duterte outside the ICC, was heckled by supporters of the former president. He added that Dutch residents in the area were complaining about how the Duterte supporters were obstructing bike lane traffic and posed a danger to pedestrians.
The activist, known also for petitioning Dutch authorities to reject the asylum bid of former Duterte spokesman Harry Roque, said Filipinos should also help families of drug war victims.
“Looking beyond the ICC, the Filipino people should also exert efforts to support the families of EJK (extrajudicial killing) victims. They are still facing intimidation and political hatred coming from the Duterte camp,” Vega said.
“Even the ICC judges are not spared from the vicious attacks made online and in person by the DDS crowd. We see this happening today when they heckled our group while we were gathering at the ICC grounds,” he added.
The Philippine Alliance of Human Rights Advocates (Pahra) also welcomed the developments.
“By dismissing the final challenge to its authority, the court has cleared the path for a full trial. The ruling reaffirms that withdrawing from the Rome Statute does not grant immunity for crimes committed during the period of membership,” the group said in a statement.
“This decision is a clear warning to Duterte and his accomplices that the era of abusing power is over. They are now under a court where justice is upheld, unlike how they did it to the Filipino people,” Pahra Secretary-General Edgar Cabalitan said.
“No technicality will ever erase the blood on their hands. This victory belongs to the orphans and widows who refused to be silenced, proving that the reach of justice is longer than the reach of any tyrant,” Cabalitan added.
Tindig Pilipinas co-convenor Kiko Aquino Dee said he has confidence in the process of the ICC.
“Eyes now should fall on the Pre-Trial Chamber’s decision on whether there are substantial grounds for the trial to continue, which is also expected within the month,” he said.
On the other hand, Sen. Imee Marcos, a Duterte supporter, expressed disappointment over the ICC decision.
In a statement on Wednesday, Marcos said, “This determination disregards the Philippines’ sovereign withdrawal from the Rome Statute.” It also undermined “the fundamental principle that domestic institutions must be given primacy where they are able and willing to act,” she said.
Survey
Meanwhile, PUBLiCUS Asia Inc. said its Pahayag survey showed a majority of Filipino voters favor requiring Philippine courts to review arrest warrants issued by the ICC before they are enforced in the country.
The poll found that 60 percent of respondents support a proposed Senate resolution mandating local judicial review of ICC-issued warrants, indicating a preference for domestic due process. Twenty-five percent opposed the measure, while 15 percent said they were unaware of the issue.
WITH AFP AND
BERNADETTE TAMAYO
Support was strongest in North-Central Luzon at 67 percent and in the Visayas at 64 percent. By age group, those ages 40 to 49 posted the highest approval at 71 percent.
The proposal also received majority backing across political alignments, with 63 percent support recorded among pro-administration, anti-administration and anti-opposition respondents. By generation, Millennials led with 63 percent support, followed by Generation X at 61 percent.
A smaller majority, 54 percent, said the Philippines should rejoin the ICC. Some 28 percent opposed reentry into the tribunal and 18 percent said they lacked sufficient knowledge to decide.
Support for rejoining the ICC was highest in the National Capital Region and South Luzon, both at 62 percent. Younger voters drove the pro-ICC sentiment, with 60 percent of respondents ages 18 to 24, and 63 percent of those ages 25 to 29 expressing support. Among generational groups, Generation Z recorded 62 percent approval.
Across political groupings, support for reentry was strongest among pro-administration respondents at 73 percent, followed by anti-opposition voters at 60 percent.
The survey, conducted from March 21 to 24, covered 1,509 registered voters using purposive sampling from the PureSpectrum research panel and carried a margin of error of ±3 percent.
Pahayag is the corporate social responsibility initiative of PUBLiCUS Asia Inc., with Vox Opinion Research serving as its commissioned research arm.
