The presiding judge of the International Criminal Court (ICC) gave accused former president Rodrigo Duterte ample time to prepare for his defense against charges of crimes against humanity in connection with his bloody anti-drug war.
This was emphasized by ICC Presiding Judge Iulia Motoc during Duterte’s first appearance in the international court on Friday night (Philippine time).
During the initial hearing, Motoc stated that after assessing all factors, including the need for parties and participants to adequately prepare, the court has set the confirmation of charges hearing for 23 September 2025, to ensure Duterte's right to be tried within a reasonable time.
However, the presiding judge added that, in accordance with Rule 121(7) of the Rules of Procedure and Evidence, the confirmation of charges date may be postponed by the Chamber depending on the progress of the proceedings, either on its own motion or at the request of the prosecutor or the defense.
Motoc first informed the parties that, in accordance with Rule 121(2)(b) of the Rules of Procedure and Evidence, the Chamber will hold status conferences to facilitate a structured exchange of information under satisfactory conditions. These conferences may be organized either ex officio or at the request of the prosecutor or the defense.
She added that a set of decisions would be made in a timely manner to ensure that the proceedings progress smoothly and expeditiously.
“More specifically, I am referring in particular to a decision on the arrangements and procedure for the disclosure of evidence, and a decision setting a timetable for the disclosure of evidence in such a way as to ensure orderly and efficient disclosure between the parties,” she said.
Motoc further stated, “In this regard, the Chamber orders the prosecutor to begin disclosing today the information on the basis of which the warrant of arrest was issued, and to complete this disclosure no later than within the next seven days.”
Likewise, she emphasized that the Chamber must ensure that the person who was the subject of the arrest warrant has been informed of the crimes of which he is accused. The court must also ensure that Duterte has been informed of his rights as recognized by the Rome Statute and must set a date for the confirmation of charges hearing.
In summarizing Duterte’s rights, which were given utmost importance, Motoc stated that he is entitled to the assistance of a competent interpreter free of charge and necessary translations to meet legal requirements. He also has the time and facilities necessary to prepare his defense and communicate confidentially with the counsel of his choice. Duterte has the right to remain silent and cannot be forced to testify against himself or confess guilt.
Motoc added, “You can also make statements in your defense without taking an oath. In addition to any other disclosure provided for in the Statute, the prosecutor must disclose to you as soon as practicable evidence in his possession or at his disposal that shows or tends to show your innocence or to mitigate your guilt, or that could undermine the credibility of the evidence against you.”
Furthermore, at the confirmation of charges hearing, Duterte will have the opportunity to contest the charges, challenge the evidence presented by the prosecutor, and present evidence in his defense.
Motoc also stated that if the charges are not confirmed, the proceedings will not proceed to trial. Additionally, Duterte has the right to apply for interim release pending trial.
“And finally, Mr. Duterte, you have the right to be informed as soon as possible and in detail of the nature, cause, and content of the charges in a language that you fully understand and speak,” Motoc concluded.