Former Philippine president Rodrigo Duterte will be notably absent from the pre-trial hearings at the International Criminal Court (ICC) this week, as proceedings commence to confirm charges of crimes against humanity against him. The hearings, set to run over four days starting Monday, mark a critical phase in the long-awaited legal scrutiny of Duterte's controversial anti-drug campaign, which is alleged to have resulted in thousands of deaths.
Defence Cites Cognitive Decline and Frailty
Duterte's legal team successfully petitioned the ICC judges to waive his right to attend the hearings, arguing that the 80-year-old former leader is "old, tired and frail" and suffering from memory loss. This request was granted despite the court's previous ruling last month that Duterte was medically fit to participate, based on independent expert assessments confirming his ability to understand and engage with the case.
The judges acknowledged the defence's reasons as "speculative," yet allowed the absence, setting the stage for a hearing that will proceed without the accused present. Duterte, who was arrested in Manila and transported to The Hague last year, has vehemently denied the allegations, stating, "The claim that I oversaw a policy of extrajudicial killings is an outrageous lie."
Charges and Allegations Detailed
Prosecutors at the ICC have levelled three distinct counts of crimes against humanity against Duterte, accusing him of direct involvement in at least 76 killings between 2013 and 2018. However, the scale of the violence is believed to be far greater, with activists and the ICC prosecutor estimating that up to 30,000 people may have died during his presidency's drug war operations. Official police figures cite 6,200 deaths, but human rights groups argue this number significantly underrepresents the true toll.
The charges are meticulously broken down: the first count pertains to 19 killings from 2013 to 2016, when Duterte served as mayor of Davao City, alleging his role as a co-perpetrator. The second count involves 14 murders of so-called "high value targets" in 2016 and 2017, after he assumed the presidency. The third count covers 43 deaths during "clearance operations" targeting lower-level alleged drug offenders across the Philippines from 2016 to 2018.
Victims' Families Demand Justice
Amid the legal proceedings, families of those killed during the drug war have voiced their unwavering demand for accountability. Sarah Celiz, 61, whose two sons were killed in 2017, expressed a resolute stance, saying, "He should face everything he did to us and to the families of the other victims." She recounted how her son begged for his life, adding, "He never showed us any mercy... So why should we show him mercy? No."
Human Rights Watch has emphasised the importance of these hearings, describing them as "a critical step in ensuring justice for victims of the Philippines' so-called war on drugs." The organisation highlights that a full trial could encourage more families to come forward with their stories, potentially uncovering further evidence of atrocities.
Duterte's Defiance and Political Context
Duterte, who served as president from 2016 to 2022, has consistently defended his anti-drug crackdown, insisting that he only instructed police to kill in self-defence. In a recent statement, he characterised his arrest as a "kidnapping," implicating current president Ferdinand Marcos Jr. in facilitating his transfer to The Hague. He claimed this action violated Philippine sovereignty, stating, "I was forcibly pushed into a jet and renditioned to The Hague in the Netherlands in flagrant contravention of the Philippines' constitution."
Despite his absence, Duterte has accepted the possibility of dying in prison, but affirmed, "My heart and soul will always remain in the Philippines." This defiance underscores the deep political and emotional divisions surrounding his legacy and the ongoing quest for justice.
Pre-Trial Process and Future Implications
The pre-trial hearing will rigorously assess whether prosecutors have presented sufficient evidence to establish "substantial grounds" to believe Duterte committed crimes against humanity. Proceedings are scheduled to conclude on Friday, with judges expected to issue a written decision within 60 days. If the charges are confirmed, the case will advance to a full trial, potentially setting a precedent for international accountability in similar contexts.
As the ICC delves into the details of Duterte's alleged crimes, the world watches closely, with implications for human rights, governance, and the rule of law in the Philippines and beyond. The outcome of these hearings could reshape the narrative of one of the most brutal drug wars in recent history, offering a glimmer of hope to victims while testing the limits of international justice mechanisms.
