ICC: Hearing on confirmation of charges vs. Duterte may take only 3 days

The International Criminal Court (ICC) said that the prosecution should be able to present the strongest evidence to support its case against former President Rodrigo Duterte with his administration’s war on drugs that allegedly led to extrajudicial killings. 

According to Mariz Umali’s exclusive report on “24 Oras” on Thursday, ICC spokesperson Fadi El Abdallah said the hearing on the confirmation of charges against Duterte for alleged murder as a crime against humanity could only last up to three days. 

“The prosecutor will be presenting certain amount of evidence on which he intends to rely for the purpose of the confirmation of the charges and in which the defense can actually be presenting counter evidence, and also the lawyers presenting the victims will be able to make their observations,” said Abdallah. 

Both the prosecution and the defense could present witnesses and they could undergo cross-examination. Hence, Duterte could possibly face the witnesses during the hearing scheduled on September 23, 2025.

“Not all witnesses are victims. Actually most of the witnesses are not victims. And not all the victims are witnesses. Actually a very limited number of victims would be called to be a witness and normally, most of the victims will be represented by a lawyer,” said Abdallah.

“In very few instances, the judges allowed one or two of the victims to come in person and tell their stories, but they are not there to accuse someone. They are there to present their point of view their observations and their stories to the judges,” he added. “The accusation is done by the prosecutor and the witnesses are called by the parties, either the prosecution or the defense.”

It is during the hearing that the pre-trial chamber judges will decide whether to dismiss the case or refer it for trial.  

However, it might take up to 60 days before the court issues a decision on whether Duterte’s case will continue to the trial stage or not. 

“Up to 60 days. It can be shorter, but the judges have to issue their decisions in a maximum of 60 days after the closure of this process of confirmation of charges hearing, and eventually after the written observation, if there are requests for written observations,” said Abdallah. 

The decision could be appealed before the Appeals Chamber. 

In the case against the former president, it was noted that there were 19 individuals killed by the Davao Death Squad and at least 24 individuals died under the hands of law enforcers. 

“So if there is a plan that involves a widespread or systematic recurrent attack against civilian population, even one murder may be considered a crime against humanity,” said Abdallah. 

The ICC official said that the pre-trial chamber could call for another hearing before the one scheduled in September if there are procedural matters to be discussed. 

A hearing could also be held soon to discuss the plea of Duterte’s camp for an interim release. 

The ICC spokesperson said that trial of Duterte’s case would take long, but he assured that the investigation would be thorough. 

“So they should trust the justice and trust the impartiality and the objectivity of the work of justice,” said Abdallah. —Vince Angelo Ferreras/LDF, GMA Integrated News