Du30’s ICC trial won’t be quick

Preparations for the International Criminal Court (ICC) trial proper of former President Rodrigo Duterte could take from six months up to one and a half years, an ICC-accredited lawyer said Friday.

Atty. Gilbert Andres, one of the counsels for the drug war victims, said this was the usual timeline for court preparations, as seen in previous cases at the tribunal.

“The earliest start of the trial will be six months from yesterday, so that’s probably October of this year. But having said that, based also on other previous cases, it may take one and a half years. But we hope, and we will work it out, that it will start this year 2026,” Andres said.

Before the trial proper, the ICC will appoint three new judges to constitute the Trial Chamber, which will preside over the proceedings once the charges are confirmed.

This stage would involve case conferences among the lawyers of all the parties, as well as exchanges and disclosure of evidence, according to Andres.

The Pre-Trial Chamber I confirmed all three charges of murder against Duterte on Thursday, effectively sending his crimes against humanity case to a full trial following a months-long delay.

The decision came a day after the defense lost its petition challenging the ICC’s jurisdiction over Duterte anew.

Duterte, 81, has been detained at the ICC in The Hague since 11 March last year over his role as an “indirect co-perpetrator” in the alleged extrajudicial killings tied to his notorious bloody drug war.

ICC prosecutors charged him with three counts of murder for the killing of 78 individuals, including six children, suspected of drug dealings from 2013 to 2018, spanning his tenure as Davao mayor and as president.

Duterte’s lead counsel, Nicholas Kaufman, said the latest ruling no longer came as a surprise.

Nonetheless, he said the defense would prove that the so-called “state policy,” which formed the basis for the summary killings, was a “complete fiction.”

“The defense will also show that the evidence of the very same criminal witnesses, so gleefully peddled by the former president’s many detractors, has zero weight,” he said.

‘Where’s the evidence?’

The defense team also questioned the basis for the ICC’s decision to confirm the charges against Duterte.

In an interview following the tribunal’s confirmation decision, Kaufman said Duterte himself raised the question after being informed of the ruling.

“He did ask me… what’s the evidence?” Kaufman said. “What’s the evidence to show that I actually committed those murders which they say I committed?”

Kaufman said he reviewed the pre-trial chamber’s decision and it failed to cite specific proof supporting the charges.

“I had a look through this decision and I can’t even see one piece of evidence cited in the footnotes,” he said.

Trial to remain confidential

Another ICC-listed lawyer, Maria Kristina Conti, said pre-trial proceedings, including status conferences, will not be made public, and that the trial process will be confidential once it begins.

Duterte is facing charges of crimes against humanity, including murder and attempted murder, in connection with his anti-drug campaign.

Conti said the case could last several years, noting that ICC trials typically run around three years, though some have stretched up to a decade.