Ex-Philippine President Rodrigo Duterte arrived in the Netherlands on Wednesday, about 24 hours after Filipino authorities dispatched him there on a warrant from the International Criminal Court to face a murder charge linked to his past deadly crackdown on drugs.
Prosecutors had sought three charges against Duterte – murder, torture and rape as crimes against humanity – but a three-judge ICC chamber ruled there was insufficient evidence for the torture and rape allegations, according to the warrant.
While the Philippine government claims at least 6,800 were killed in the counter-narcotics campaign carried out by the Duterte administration (2016-22), activists allege that thousands more were victims.
The ICC warrant homes in on 19 killings during Duterte’s term as mayor of southern Davao city and 24 when he served as president.
“Taking into account the totality of the information before it, the Chamber finds reasonable grounds to believe that Mr. Duterte is individually responsible for the crime against humanity of murder,” said the warrant dated March 7 and signed by Presiding Judge Iulia Antoanella Motoc and judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera.
Shortly after Duterte’s flight left Manila, the ICC responded to a BenarNews request for information about what Duterte would face before the world court based in The Hague.
“Once a suspect is in ICC custody, an initial appearance hearing will be scheduled. Further information will be communicated in due course,” it said in a statement.
Outlining what is next in the case, the ICC explains on its website how the pre-trial, trial and appeals stages of prosecutions work along with how enforcement of a conviction would be handled, should Duterte be found guilty.
- Pre-trial: During the initial appearance, the three-judge panel will confirm the suspect’s identity (in this case, Duterte) and ensure that he understands the charges. After hearing from prosecutors, defense lawyers and legal representatives of the victims, the judges will decide if there is enough evidence for the case to go to trial – this usually occurs within 60 days.
- Trial: The judges consider all evidence, then issue a verdict and, when there is a verdict of guilt, issue a sentence. The prosecution must prove its case beyond reasonable doubt. If guilty, the judges can sentence a defendant to up to 30 years in prison or life under exceptional circumstances. They also can order reparations for the victims. Verdicts are subject to appeal by both the defense and the prosecution.
- Appeals: An appeal is decided by five judges of the Appeals Chamber, who are never the same judges as those who gave the original verdict. Those judges decide whether to uphold the appealed decision, amend it or reverse it. This is considered the final judgment, unless a re-trial is ordered. In addition to the defense and prosecution having rights to appeal, victims and the guilty person can appeal a reparation order.
- Enforcement: Sentences, for those found guilty, are served in countries that have agreed to enforce ICC rulings.
BenarNews is an online news outlet affiliated with Radio Free Asia.