ASEANEWS HEADLINE-DU30 ICC EJK TRIAL | THE HAGUE: ICC begins confirmation hearing on Duterte case today

The crimes against humanity proceedings against Duterte enter a critical stage with the opening of the week-long confirmation of charges hearing at the ICC today.

But Duterte, detained for almost a year since his arrest in March 2025, will not be seen by the public after the Pre-Trial Chamber I granted his request to skip the proceedings.

He will remain in his detention facility at the ICC Detention Center, located within a Dutch prison complex in Scheveningen on the outskirts of The Hague.

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Duterte’s defense team led by lawyer Nicholas Kaufman will represent him in the confirmation of charges hearings, a pre-trial procedure where judges will determine if there is “sufficient evidence to establish substantial grounds to believe” that Duterte committed the crimes as charged.

While the ICC’s Office of the Prosecutor had already submitted initial evidence against Duterte when it applied for the warrant of arrest last year, it would be at the confirmation of charges hearings where the merits of the case would be discussed for the first time in open court. It will be held for four days divided into three sessions.

The confirmation hearings will open with the reading of the charges today at 10 a.m. in The Hague (5 p.m. in Manila).

It will immediately be followed by the opening statement from the prosecution, before the session goes on break.

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The second session for the day, from 11:30 a.m. to 12:30 p.m. (6:30 p.m. to 7:30 p.m. in Manila) will be for opening statements from the common legal representatives of the victims and the defense.

The third and final session of the first day, from 2 p.m. to 3 p.m. (9 p.m. to 10 p.m. in Manila), will be allotted for prosecution’s submissions on the merits.

There will also be three sessions during the hearing days on Feb. 24, 26 and 27, divided into submissions on the merits of the prosecution, common legal representatives of the victims and the defense, and their closing statements. The final session on Friday will be for the hearing on the review of Duterte’s detention.

Duterte’s Filipino legal team, meanwhile, will also attend the confirmation hearings.

Former executive secretary Salvador Medialdea leads the team which includes lawyers Martin Delgra III, Silvestre Bello III, Alfredo Lim Jr., Ceasar Dulay and Salvador Panelo.

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RENEWED CALL FOR JUSTICE Relatives of victims of extrajudicial killings during former President Rodrigo Duterte’s drug war gather in Manila on Sunday to clamor anew for justice, ahead of Monday’s confirmation of charges hearing at the International Criminal Court, while, not far from that rally, supporters of the former president launch a signature drive (inset) to bring him home. —GRIG C. MONTEGRANDE

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Possible outcomes

After the confirmation hearings, the pre-trial chamber – composed of Presiding Judge Iulia Antonella Motoc and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera – will have 60 calendar days to make a decision.

“If one or more charges are confirmed, the suspect is then considered an accused, and the case is committed for trial before a Trial Chamber,” the ICC said in a briefer about the confirmation hearings.

The judges may also decline to confirm the charges and stop the proceedings against Duterte – meaning he will be released from detention – or adjourn the hearing and request the prosecutor to provide further evidence, conduct further investigations or to amend any charge.

The ICC Office of the Prosecutor, which is in charge of prosecuting the case, will be led by Deputy Prosecutor Mame Mandiaye Niang.

Over 500 victims were also allowed to participate, with Filipino lawyers Joel Butuyan and Gilbert Andres appointed as external common legal representatives of the victims.

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Outside the ICC headquarters in The Hague, in the Philippines and in other parts of the world, victims of Duterte’s drug war and supporters of the former president are expected to hold activities in time for the confirmation hearings.

In Quezon City, drug war victims will hold “Justice Watch” gatherings to monitor the developments in the proceedings.

On Wednesday, they will also take part in the commemoration of the 40th anniversary of the people power revolution.

“Duterte must be held accountable for crimes against humanity. We will continue to fight for justice for our loved ones until Duterte is found guilty,” said Dahlia Cuartero, whose son Jesus was killed during the drug war.

Members of Maisug Central Luzon will join Duterte supporters in a motorcade and a rally in front of the Supreme Court today in support of the former president, Verdel de Los Santos, an official of Maisug Central Luzon, told The STAR in a text message.

“Our security measures are in place and are intended to ensure the peaceful conduct of any activity in public places. Regardless of the affiliation of the groups, our personnel will be there to protect their rights and maintain peace and order,” Philippine National Police chief Gen. Jose Melencio Nartatez Jr. said.

Meanwhile, Senate President Pro Tempore Panfilo Lacson expressed his support for a minority-led resolution declaring that any arrest warrant issued by an international tribunal, such as the ICC, must first go through the Philippine judicial system.

In a radio interview on dzBB yesterday, Lacson revealed he had already promised Sen. Bong Go that he would sign the draft document.

Asked if the Senate would allow law enforcers to enter its halls to arrest Go and Sen. Ronald dela Rosa – both named as “co-perpetrators” in the drug war – Lacson pointed to the constitutional provision granting lawmakers immunity from arrest, depending on the severity of the penalty.

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Under the 1987 Constitution, members of Congress cannot be arrested while Congress is in session for offenses punishable by six years of imprisonment or less.

Lacson pointed out that since the ICC has not yet defined the exact justification for their being named co-perpetrators or the corresponding penalties, the Senate cannot preemptively surrender them.

“We don’t even know what the ICC ruling will be, if they are co-conspirators or principals or accomplices or accessories? We don’t know any of that,” he said.  But he clarified that such immunity disappears once Congress adjourns sine die. — Edith Regalado, Mark Ernest Villeza, Ramon Efren Lazaro, Neil Jayson Servallos