Families of drug war victims watch a stream of the International Criminal Court pre-trial hearing at a gathering in Quezon City on March 15, 2025. Izzy Lee, ABS-CBN News

MANILA — Former President Rodrigo Duterte's first appearance at the International Criminal Court last Friday night took less than half an hour and was almost anti-climactic after his arrest in Manila and transport to The Hague in the Netherlands earlier in the week.

The short hearing was meant to allow Pre-Trial Chamber I verify that Duterte — suspected of the crime against humanity of murder for alleged killings from 2011 to 2019 — was the person named in the warrant, that he was fit for trial, and that he understood the accusations against him as well as his rights as a suspect.

The chamber would not, Presiding Judge Iulia Motoc reminded Duterte's former executive secretary and counsel Salvador Medialdea, discuss his claim that the government kidnapped the former president.

That, she said, could be taken up at a later proceeding.

With preliminaries done, the chamber scheduled the confirmation of charges — to determine if there is sufficient evidence to proceed to trial — on September 23.

Until then, Duterte has the option to seek interim release, similar to bail, lawyer Kristina Conti of the National Union of Peoples' Lawyers, who is also assistant to counsel of the ICC, said.

'Flight-risk' Duterte may apply for interim release, lawyer says

She acknowledged, however, that that might not be an easy ask because Duterte, who had initially refused to board a plane chartered to take him the The Hague, might not come back to face the case.

PETITIONS PENDING AT SUPREME COURT

Outside the ICC compound, questions remain on the legality of the arrest — supporters insist the Philippines' departure from the ICC means it has no jurisdiction over Duterte while the court says that it does over incidents while the country was a signatory to the Rome Statute that created the court.

Those questions have been raised before the Supreme Court, which denied a petition by Duterte and by Sen. Ronald "Bato" Dela Rosa for a Temporary Restraining Order on the arrest and transfer, contrary to a claim by lawyer Raul Lambino that one had been granted.

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The petition has been raffled off — assigned to a SC justice at random — as have other petitions filed by Duterte's children for a writ of habeas corpus and to stop the government from cooperating with the ICC and with the International Criminal Police Organization, Interpol.

SC gives gov’t officials 24 hours to show cause on Duterte habeas petitions

Law experts at a forum last Friday said the court opting not to issue a TRO may indicate how it will decide on the petitions, with UP Law Assistant Professor Michael Tiu saying the SC may interpret domestic law in a way that will not conflict with international law.

Legal experts weigh in on possible clash between SC and ICC

Addressing arguments that Duterte can be tried in a local court, former ICC judge Raul Pangalangan said: "[T]here is no such case against Duterte in the Philippines, and therefore what complementarity are we talking about?"

PROTESTS IN THE PHILIPPINES

Duterte's arrest and transfer to The Hague has prompted pocket protests in parts of the Philippines attended by hundreds, and, in some places like the family bailiwick of Davao City, by thousands.

Politicans, including the former president's children Vice President Sara Duterte and Davao City Mayor Sebastian "Baste" Duterte and Sen. Dela Rosa have spoken out against the developments.

Less has been heard from candidates in President Ferdinand Marcos Jr.'s Alyansa Para Sa Bagong Pilpinas, all of whom had been supportive of Duterte when he was president and of the since dissolved UniTeam Alliance.

UP Political Science Professor Aries Arugay said they may avoid commenting on the issue, which he described as polarizing and hyperpartisan, out of concern "the other side will abandon supporting them."

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Sen. Imee Marcos, the President's sister and nominally a member of the administration slate, last week skipped a campaign sortie, supposedly in protest of Duterte's arrest.

BEYOND PARTISAN POLITICS, VICTIMS

Meanwhile, advocates for victims of the drug war said the public should avoid being distracted by partisan politics and by "side issues" that politicians aligned with the Duterte are raising to "confuse and agitate" the people.

Speaking to TeleRadyo Serbisyo on Saturday, Human Rights Watch Carlos Conde said the government should consider rejoining the ICC — a call that has gained support in trickles — and continue investigations into drug war killings to prevent a repeat of the bloody campaign.

Failure to do that would, he said, would fuel claims that all of this is just politics.

PH should return to ICC, probe drug war killings to show issue not ‘politicized’ — HRW

"Hindi ito usapin lang ng pulitikal away ng mga Marcos at mga Duterte...ang pakialam ko dito yung mga biktima ng drug war. Ito yung dapat tutukan nga mga tao. Sino ba ang nagawan ng krimen? Sino ba ang gumawa ng krimen? At sino ba ang dapat panagutin?" Conde said, pointing out that the cases had been documented and brought to the ICC

(This is not a matter of the political rivalry between the Marcoses and the Dutertes. What I care about are the victims of the drug war. That is what we should focus on. Who was the crime done against? Who did the crime? And who should be held accountable?)

NUPL and Rise Up for Life and for Rights, organizations that have been working with the families of drug war victims, last Tuesday called Duterte's arrest "a victory of the poor and marginalized, akin to that of David versus Goliath."

They also acknowledged that the famlies and their supporters have to press on until the end.

"Victims also continue to encourage fellow victims to participate in the proceedings, until we can claim this as a victory for all," they said.

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