[FILE PHOTO] A man holds a portrait of former Philippines president Rodrigo Duterte in front of the International Criminal Court (ICC) where he will be appearing, in The Hague on March 14, 2025. Philippine ex-president Rodrigo Duterte was expected to make his first appearance at the International Criminal Court on 14 March to face crimes against humanity charges over his deadly narcotics crackdown. The 79-year-old was set to appear before judges for a short hearing where he is to be informed of the crimes he is alleged to have committed, as well as his rights as a defendant. Nicolas TUCAT / AFP
HEADLINES

ICC-accredited lawyer clarifies Duterte case misconceptions

Toby Magsaysay

An International Criminal Court (ICC)-accredited lawyer sought to clarify public misconceptions about the ongoing proceedings against former president Rodrigo Duterte, who is facing charges for crimes against humanity in connection with his anti-drug campaign.

In a radio interview Sunday, Atty. Gilbert Andres responded to recent statements made by Duterte’s legal counsel, Nicholas Kaufman, particularly regarding a Friday filing to the ICC.

“Actually, ano siguro ito ‘no, based ito sa sinabi ni Usec. Claire Castro. Ang sinabi lang ni Usec. Claire Castro na kung anuman ‘yung decision ng ICC, eh hindi ito io-oppose ng Pilipinas. Ngunit iba ‘yung sinabi ng defense,” Andres said, referring to Kaufman’s filing, which stated that Duterte’s potential release is being “contemplated without objection by the Government of the Republic of the Philippines.”

Andres clarified that the Philippine government intends to respect any decision made by the ICC regarding Duterte’s possible temporary reprieve from custody, but this should not be interpreted as a lack of objection.

He further emphasized the differences between ICC and Philippine legal procedures, noting that the ICC adheres to “victim-centered proceedings.”

Andres also addressed the question of Duterte’s current cognitive condition and fitness to stand trial, saying, “Ang proseso ngayon, eh sinusuri si Mr. Duterte doon sa kanyang tinatawag na fitness for trial. Sinusuri muna ng mga eksperto.”

He added, “Ang aming paniniwala sa mga biktima eh talagang fit na fit si Mr. Duterte to stand trial.”

Duterte is facing trial before the ICC for alleged atrocities committed during his term as president and previously as Davao City mayor, specifically under his administration’s “War on Drugs.”