ICC begins Duterte's pre-trial hearing

After a five-month postponement, the confirmation hearing of former President Rodrigo Duterte for alleged crimes against humanity before the International Criminal Court (ICC) Pre-Trial Chamber officially began on Monday, 23 February.

Presiding over the hearings are Judge Iulia Motoc of Romania, Judge Socorro Flores Liera of Mexico, and Judge Reine Alapini-Gansou of Benin.

Reading of charges

The proceedings opened with the reading of charges against Duterte, which include alleged murders committed by the Davao Death Squad (DDS); killings of high-value targets from July 2016 to July 2017; and murders and attempted murders linked to barangay clearance operations from July 2016 to September 2018.

ICC Deputy Prosecutor Mame Mandiaye Niang then delivered the prosecution’s opening statement, emphasizing that the former president had allegedly made verbal admissions regarding killings from his time as Davao City mayor through his presidency. Niang said there are substantial grounds to believe crimes against humanity were committed, adding that Duterte “must be held to account, and this case must be confirmed for trial.”

Prosecutors said the 49 documented murder incidents and 78 murder charges, including cases involving children, represent only a small portion of the actual number of victims during Duterte’s leadership.

'The last boat'

Drug war victims’ lawyer Joel Batuyan delivered a statement, stressing the importance of the case to families seeking justice for victims of extrajudicial killings (EJK).

“This case symbolically represents the last boat the victims can board on a journey in search of justice,” Batuyan said.

“If this chamber prevents the boat from sailing by not confirming the charges, the victims will forever be marooned on an island where the nights are filled with the screams and cries of their massacred loved ones,” he added.

He also warned that if the case does not continue to trial, Duterte will be hailed a national hero, permanently burying justice for the EJK victims.

'Rody is innocent'

Duterte’s legal counsel, Nicholas Kaufman, meanwhile defended the former president’s statements, saying Duterte often used hyperbole and “spoke openly from the heart, sincerely and truthfully.”

Kaufman argued that Duterte’s passion for law and order was unapologetically enforced, earning him the “love, respect, and admiration of his fellow citizens” in Davao City, which he served for seven terms, or over 20 years.

He further claimed that Duterte’s image was being damaged by what he described as “powerful and politically influential” media forces, saying the former president became “a natural target for privately funded NGOs and human rights activists.”

“They print glossy reports replete with iconic photographic images of grieving families and dead bodies in rain-swept nighttime crime scenes… The brave journalists who act as their sources win awards and Nobel Prizes. Slowly but surely, their narrative becomes the sacred, unchallengeable, unshakable truth,” Kaufman said.

Kaufman also criticized President Ferdinand Marcos Jr., accusing him of failing to honor his commitment not to assist the ICC “in any way, shape, or form,” after Duterte was allegedly “unconstitutionally and unceremoniously” brought to The Hague.

Bato, Go and others

In the latter part of the hearing, ICC Prosecutor Julian Nichols said the Davao City killings were systematic, involving police officers and hired gunmen allegedly listed as ghost employees.

He named individuals allegedly linked to the killings, including Senator Ronald “Bato” dela Rosa, former Davao City police chief from 2012 to 2013; Senator Bong Go, Duterte’s former aide and special assistant from 1998 to 2016; former Justice Secretary Vitaliano Aguirre II; former Davao City police chief Vicente Danao; and former NBI director Dante Gierran.

On the second day of the ICC confirmation hearing, the prosecution is expected to present evidence related to Oplan Tokhang during Duterte’s presidency.

The five-hour hearing is set to continue until Friday, 27 February, without Duterte’s presence, citing his political stance and health-related reasons.