What will happen at Rodrigo Duterte's ICC hearing in September?

Rodrigo Duterte has attended his first hearing at the International Criminal Court via video link. What's next to come for the former president who faces charges over his alleged crimes against humanity over his bloody war on drugs? His Sept. 23 hearing.

Last Friday, Presiding Judge Iulia Motoc allowed the ex-president to follow proceedings virtually due to his long flight to The Hague. Former executive secretary Salvador Medialdea represented Duterte in court. 

In the 25-minute hearing, Duterte was informed of the charges against him and his rights as a defendant. He provided brief confirmation of his name and date of birth.

The Chamber scheduled the confirmation of charges for Sept. 23.

What to expect 

In the September pre-trial hearing, the judges will determine whether there is sufficient evidence to support the charges against Duterte.

During the proceedings, the Prosecutor must provide evidence, as well as any exculpatory information that may "in any way tend to suggest his innocence or mitigate his guilt, or which may affect the credibility of the Prosecution’s evidence.”

The Prosecution must present sufficient evidence to warrant bringing the case to trial.

Meanwhile, the Defense may object to the charges and challenge the Prosecution’s evidence by presenting its own evidence.

The court will uphold Duterte’s right to defense, including the right to prepare confidentially with his legal counsel, access to a competent interpreter, contest charges after the confirmation hearing, challenge the evidence presented by the prosecutor, and present evidence, among other rights.

If the charges are confirmed, wholly or in part, the case will be transferred to a Trial Chamber.

During the pre-trial phase, the defendant is referred to as a suspect. Once committed to trial and the charges have been confirmed, they will be referred to as the accused.

Interim release 

While waiting for the September pre-trial, Duterte may seek interim release from detention. Given the gravity of the alleged crimes, the court will decide whether there are "urgent and exceptional circumstances" to justify interim release and whether "necessary safeguards exist to ensure that the custodial State can fulfill its duty to surrender the person to the Court."

If the suspect is granted interim release, the Pre-Trial Chamber may require periodic status reports. Once a surrender order is issued, the suspect shall be immediately surrendered to the custodial State.

ICC Assistant to Counsel Kristina Conti said that Duterte must justify his need for interim release, such as presenting documentation that would prove his health concerns.

“May laban pero kailangang ipakita na sa Pilipinas lang siya gagaling… Pero maraming ospital sa The Hague at babayaran ng ICC ang pangangailangan niya, even for specialist care kung kailangan talaga niya,” Conti told TeleRadyo Serbisyo. 

“Kung kaya niyang kumbinsihin ang korte na sa Pilipinas ang pinakamainam na lugar para sa kanya, walang security threat sa kanya o kaya sa mga prosecution witnesses, walang magiging problema at makakabalik siya sa The Hague kapag mayroong schedule, papayagan siguro,” she continued.

“Pero again, unlikely dahil sa napakaraming sikumstansya against him, lalo na yung posibilidad na tumakas siya, posibillidad na magamit ang influence niya,” she added.