By Marinel E. Peroy
Former Philippine president Rodrigo Duterte made his first appearance at the International Criminal Court (ICC) in The Hague, Netherlands, on March 14. Six months before his pre-trial hearing, scheduled for September 23, 2025, what should we expect from the ICC?
Duterte, who turns 80 on March 28, is the first Asian former head of state to be indicted by the ICC and the first suspect flown to The Hague in three years. He faces charges of murder as a crime against humanity.
The ICC has set a deadline for Prosecutor Karim Khan’s team to submit evidence to the pre-trial chamber by April 4.
Duterte’s defense team, led by lawyer Nicholas Kaufman, must inform the prosecution of their planned course of action by April 11, including whether they will raise an alibi, call witnesses, or present their own evidence.
Kaufman told Rappler he intends to “have this case terminated” before the confirmation of the charges hearing.
Regarding the possibility of an ad interim release for Duterte, ICC spokesperson Fadi El Abdallah told News Watch Plus that the request must be presented to the judges, who will determine if it meets specific conditions. “In theory, an arrest is only warranted if necessary to ensure the suspect appears before the chamber, does not interfere with investigations, or does not threaten witnesses,” he said.
On the petitions before the Philippine Supreme Court questioning the constitutionality of Duterte’s arrest, Abdallah explained that only ICC judges can order the release of a suspect.
“Any request for release must be submitted to them — and they will assess the reasons presented before making a decision,” he added, noting that alternative measures could be considered.
Abdallah assured that the ICC “takes all necessary and possible measures to protect the well-being” of detainees, including Duterte, with access to medical services and sports facilities. He also stated that Duterte may be visited by his defense team, family, and possibly close friends, though visits must be pre-approved.
