Duterte appears at ICC; aide claims ‘abduction’
It was mainly intended to confirm his identity and set some matters of procedure. It was over in under 30 minutes.
But none of it was merely procedural—for every minute was historic—as Filipinos watched their former leader reduced to saying his name, his age showing in a quivering voice, before a foreign tribunal that will determine whether he would be tried for the dark deeds that led to the deaths of thousands and continue to divide the nation.
Former President Rodrigo Duterte, appearing sluggish and sleepy, faced the International Criminal Court (ICC) for the first time in an initial appearance hearing via video link from a detention facility in The Hague on Friday and acknowledged that he was aware of the charge of crimes against humanity against him in relation to his war on drugs.
Duterte, who had also served as Davao City prosecutor, was tired after flying to the Netherlands from the Philippines following his arrest on Tuesday and was permitted to attend the session remotely, said Judge Iulia Antoanella Motoc, who presides over the three-women court.
He had “a long journey with considerable time difference,” she said.
Duterte, wearing a blue suit and tie and appearing frail, confirmed his identity and age.
Next hearing: Sept. 23
Prosecutors have accused him of crimes against humanity for what they called a systematic attack on the civilian population. Thousands of suspected drug offenders were killed during the crackdown, when death squads he allegedly created and armed carried out widespread extrajudicial killings.
During an initial appearance, judges usually summarize the allegations against a suspect, who will not be asked to enter a plea.
At the end of the hearing, Motoc announced that the confirmation of charges hearing would be held on Sept. 23, when prosecutors can present part of their evidence and judges decide what charges can be included in the indictment.
A trial is not expected to start until early 2026.
The aging former president will likely mark his 80th birthday on March 28 in his detention cell.
Duterte had said that he was suffering from several ailments, including a chronic neuromuscular disorder, back problems, migraines and a condition that can cause blockages in the blood vessels.
He was represented at Friday’s hearing by his former executive secretary, Salvador Medialdea, who flew on the same plane with him from Manila arriving in The Hague on Wednesday.
Duterte was noticeably listless, with his eyes shut whenever he was shown on the video that was livestreamed to the rest of the world.
He was told by Motoc to remain seated during the reading of the allegations against him.
‘Degrading fashion’
Medialdea told the court that the former Philippine leader was taken to The Hague in a “degrading fashion.”
“To us lawyers, this would be called an extrajudicial rendition. To the less legally inclined, it was a pure and simple kidnapping,” Medialdea said.
“My client was denied all access to the legal recourse in the country of his citizenship, and this was all in the nature of political score settling,” he said. Medialdea was referring to the breakup of the alliance between President Marcos and the Dutertes, especially Vice President Sara Duterte.
The Vice President watched the proceedings from the public gallery. There was no immediate comment from her.
“An incumbent president who wished to neutralize and choke the legacy of my client and his daughter, on the [one] hand, and a troubled legal institution subject to delegitimization and desperate for a price cut and a legal show today, on the other hand,” Medialdea said. “With this in mind, it is not surprising that my client was abducted from his country.”
UAE no statute member
He said the chartered plane that took Duterte to the Netherlands made a stop at the Dubai airport, despite the fact that the United Arab Emirates (UAE) was not a party to the Rome Statute and had no obligation to cooperate with the ICC that was established by the treaty.
“And yet, my client sat in transit in that country for more than five hours,” he said.
Medialdea complained that it was only on Friday morning, Duterte’s third day in The Hague, that he was able to speak with the former president to “discuss legal issues.”
“I have not been able to present him with a hard copy of the arrest warrant because we were not supplied with such. I have not even been able to explain to him what the prosecution requested when seeking the issuance of the arrest warrant,” he told the court.
But Motoc pointed out that it was still the early stage of the proceedings and there was no need to discuss further the case.
In Manila, Malacañang Press Officer Claire Castro told reporters that the government paid for the chartered Gulfrstream G550 jet that flew Duterte, Medialdea, a private nurse and an aide of the ex-president to The Hague.
She said it was part of the government’s assistance to the International Criminal Police Organization (Interpol), which requested for Duterte’s arrest based on a March 7 warrant issued by the ICC.
“As we have said, if our assistance would be asked (by Interpol), it should be thorough,” Castro said. —WITH REPORTS FROM MARLON RAMOS AND REUTERS
