Duterte still a suspect in ICC case, may go through 3 phases of criminal procedure: expert | ABS-CBN
Welcome, Kapamilya! We use cookies to improve your browsing experience. Continuing to use this site means you agree to our use of cookies. Tell me more!
Duterte still a suspect in ICC case, may go through 3 phases of criminal procedure: expert
Duterte still a suspect in ICC case, may go through 3 phases of criminal procedure: expert
The Senate Blue Ribbon Committee secretary administers the oath of former President Rodrigo Roa Duterte Monday, October 28, 2024 before he begins his testimony before the subcommittee investigating motu proprio the alleged extra-judicial killings during his administration. Senate Public Relations and Information Bureau/File
The Senate Blue Ribbon Committee secretary administers the oath of former President Rodrigo Roa Duterte Monday, October 28, 2024 before he begins his testimony before the subcommittee investigating motu proprio the alleged extra-judicial killings during his administration. Senate Public Relations and Information Bureau/FileMANILA — Although former President Rodrigo Duterte has been arrested for allegations of crimes against humanity, according to an international criminal law practitioner, he remains to be a suspect and cannot be considered an accused yet.
MANILA — Although former President Rodrigo Duterte has been arrested for allegations of crimes against humanity, according to an international criminal law practitioner, he remains to be a suspect and cannot be considered an accused yet.
The warrant of arrest was issued to ensure that Duterte faces the International Criminal Court (ICC), Attorney Ruby Roselle Tugade said.
The warrant of arrest was issued to ensure that Duterte faces the International Criminal Court (ICC), Attorney Ruby Roselle Tugade said.
According to Tugade, there are three phases to the ICC’s criminal procedure—the pre-trial chamber, trial chamber, and appeals chamber.
According to Tugade, there are three phases to the ICC’s criminal procedure—the pre-trial chamber, trial chamber, and appeals chamber.
Under the pre-trial chamber, the initial proceedings or first appearance will commence.
Under the pre-trial chamber, the initial proceedings or first appearance will commence.
ADVERTISEMENT
“Upon surrender yung pre-trial chamber will make sure or will satisfy itself na…na-inform yung person of the crimes that he or she allegedly committed, ano yung mga rights niya under the statute,” Tugade told ABS-CBN News.
“Upon surrender yung pre-trial chamber will make sure or will satisfy itself na…na-inform yung person of the crimes that he or she allegedly committed, ano yung mga rights niya under the statute,” Tugade told ABS-CBN News.
The confirmation of charges hearing may then proceed.
The confirmation of charges hearing may then proceed.
“Hindi pa po ito pagde-determine ng guilt or innocence ng isang tao sa ICC…pupuwedeng sabihin ng korte, ‘Okay we confirm the charges, crimes against humanity, for these acts for this period of time…. we confirm that this person should proceed to trial as an accused’,” Tugade explained.
“Hindi pa po ito pagde-determine ng guilt or innocence ng isang tao sa ICC…pupuwedeng sabihin ng korte, ‘Okay we confirm the charges, crimes against humanity, for these acts for this period of time…. we confirm that this person should proceed to trial as an accused’,” Tugade explained.
“Other scenario during the confirmation of charges hearing, the court can say after the end of that hearing, ‘We will not confirm charges.’ What would be the grounds for declining?… Insufficient evidence.”
“Other scenario during the confirmation of charges hearing, the court can say after the end of that hearing, ‘We will not confirm charges.’ What would be the grounds for declining?… Insufficient evidence.”
Tugade also said the ICC may also order the Office of the Prosecutor to gather more evidence or amend the charges against Duterte.
Tugade also said the ICC may also order the Office of the Prosecutor to gather more evidence or amend the charges against Duterte.
ADVERTISEMENT
Duterte will be considered an accused if the case moves to the trial chamber where evidence and witnesses may be presented and motions filed.
Duterte will be considered an accused if the case moves to the trial chamber where evidence and witnesses may be presented and motions filed.
After this comes the appeals chamber. if the appeal is not granted, the ICC serves the sentence which may include reparations for victims.
After this comes the appeals chamber. if the appeal is not granted, the ICC serves the sentence which may include reparations for victims.
The question is, are there other personalities who may also be ordered arrested? Tugade said yes.
The question is, are there other personalities who may also be ordered arrested? Tugade said yes.
“Looking at how the ICC has proceeded in other cases, they look to the ones who are on the top of the food chain,” she said.
“Looking at how the ICC has proceeded in other cases, they look to the ones who are on the top of the food chain,” she said.
“By design the ICC will go after individuals, especially in crimes against humanity cases, who are influential or very much involved in the system of criminality,” Tugade added.
“By design the ICC will go after individuals, especially in crimes against humanity cases, who are influential or very much involved in the system of criminality,” Tugade added.
ADVERTISEMENT
ICC JUDGES
The former President will face three women judges in the pre-trial chamber—Judge Iulia Antoanella Motoc, Judge Reine Alapini-Gansou, and Judge Socorro Flores Liera who signed the arrest warrant.
The former President will face three women judges in the pre-trial chamber—Judge Iulia Antoanella Motoc, Judge Reine Alapini-Gansou, and Judge Socorro Flores Liera who signed the arrest warrant.
The Ateneo Human Rights Center said the ICC has a very crucial role.
The Ateneo Human Rights Center said the ICC has a very crucial role.
“May mga pagkakataon na either unwilling or unable to genuinely carry out a prosecution or investigation ang ating national or ating domestic system and this is why importante yung meron kang kaakibat na international court,” Attorney Colene Arcaina, the Center’s Executive Director said.
“May mga pagkakataon na either unwilling or unable to genuinely carry out a prosecution or investigation ang ating national or ating domestic system and this is why importante yung meron kang kaakibat na international court,” Attorney Colene Arcaina, the Center’s Executive Director said.
“They are bound by impartiality and independence and we hope that they uphold these values in the succeeding steps,” she added.
“They are bound by impartiality and independence and we hope that they uphold these values in the succeeding steps,” she added.
The Department of Justice has previously asserted that the country’s legal system works.
The Department of Justice has previously asserted that the country’s legal system works.
ADVERTISEMENT
Tugade cannot say yet what the Philippine government’s role will be in the criminal procedure given that the Marcos administration already said the ICC has no jurisdiction over the Philippines as it has withdrawn from the Rome Statute.
Tugade cannot say yet what the Philippine government’s role will be in the criminal procedure given that the Marcos administration already said the ICC has no jurisdiction over the Philippines as it has withdrawn from the Rome Statute.
Marcos said Tuesday night that the warrant of arrest was served in compliance with commitments to INTERPOL.
Marcos said Tuesday night that the warrant of arrest was served in compliance with commitments to INTERPOL.
Tugade is also not certain how long the procedure will be. She said some cases take years.
Tugade is also not certain how long the procedure will be. She said some cases take years.
ICC CHALLENGES
The ICC was established in 2002. The Philippines became a member in 2011 but withdrew in 2019.
The ICC was established in 2002. The Philippines became a member in 2011 but withdrew in 2019.
It investigates and tries individuals charged with the gravest crimes of concern, particularly, genocide, war crimes, crimes against humanity and crime of aggression.
It investigates and tries individuals charged with the gravest crimes of concern, particularly, genocide, war crimes, crimes against humanity and crime of aggression.
ADVERTISEMENT
The ICC has handled 32 cases and issued 60 arrest warrants, but only has 11 convictions and four acquittals.
The ICC has handled 32 cases and issued 60 arrest warrants, but only has 11 convictions and four acquittals.
According to Arcaina, this is because the ICC faces various challenges.
According to Arcaina, this is because the ICC faces various challenges.
“Mahirap na i-obligate ang mga estado to cooperate especially when those in power also would side or are are also aligned with the perpetrator,” she remarked. “It relies on the cooperation din of law enforcement globally. Kaya nandito yung, ito yung role ni INTERPOL.”
“Mahirap na i-obligate ang mga estado to cooperate especially when those in power also would side or are are also aligned with the perpetrator,” she remarked. “It relies on the cooperation din of law enforcement globally. Kaya nandito yung, ito yung role ni INTERPOL.”
She, meanwhile, hit the statement of Vice President Sara Duterte about the Philippines supposedly being a doormat.
She, meanwhile, hit the statement of Vice President Sara Duterte about the Philippines supposedly being a doormat.
“Tayo lang sa buong mundo nagcocooperate sa ICC. Para tayong doormat,” the VP said on the night of her father’s arrest.
“Tayo lang sa buong mundo nagcocooperate sa ICC. Para tayong doormat,” the VP said on the night of her father’s arrest.
ADVERTISEMENT
Arcaina responded: “With due respect, yung statement na ito ay misleading… May mga kaso sa ibang bansa halimbawa sa Argentina o sa Chile, may mga paggalaw para magkaroon ng cooperation agreement.”
Arcaina responded: “With due respect, yung statement na ito ay misleading… May mga kaso sa ibang bansa halimbawa sa Argentina o sa Chile, may mga paggalaw para magkaroon ng cooperation agreement.”
Arcaina adds that even if the Philippines has withdraw from the ICC, it is still obligated to cooperate because it was a member during the years which are under investigation.
Arcaina adds that even if the Philippines has withdraw from the ICC, it is still obligated to cooperate because it was a member during the years which are under investigation.
WHAT HAPPENS NEXT?
As per ICC guidelines, the ICC Judicial Cooperation Division officials will take custody of Duterte from Philippine law enforcement authorities. The Netherlands Police will be on hand to assist the ICC officials in the turnover.
As per ICC guidelines, the ICC Judicial Cooperation Division officials will take custody of Duterte from Philippine law enforcement authorities. The Netherlands Police will be on hand to assist the ICC officials in the turnover.
Duterte will then be brought to the ICC Detention Facility in Scheveningen, The Hague for medical check and booking procedure.
Duterte will then be brought to the ICC Detention Facility in Scheveningen, The Hague for medical check and booking procedure.
ADVERTISEMENT
ADVERTISEMENT
