Former Philippine President Rodrigo Duterte is set to arrive in The Hague on Wednesday to face charges of crimes against humanity before the International Criminal Court (ICC). His detention and upcoming legal proceedings mark a historic moment, as he becomes the first Filipino leader to stand trial before an international tribunal.
Life in detention
According to an AFP report, upon arrival in the Netherlands, Duterte will be transported to the ICC’s detention unit in Scheveningen, a seaside suburb of The Hague. The facility, which has previously housed high-profile figures such as former Liberian President Charles Taylor and Bosnian Serb leader Radovan Karadžić, is known for its relatively humane conditions.
Each detainee is housed in an individual cell equipped with a bed, desk, shelves, a cupboard, a toilet, a hand basin, a television, and an intercom to communicate with guards. While inmates have access to computers for legal work, internet access is strictly prohibited. The facility also provides an outdoor exercise area, as well as opportunities for recreation and sports activities.
Duterte will receive three meals a day, but like other detainees, he will have the option to cook for himself using groceries provided by the facility to accommodate cultural and dietary preferences. Family and conjugal visits are allowed several times a year, with financial assistance from the court for indigent detainees.
The initial court appearance
ICC rules stipulate that all detainees must appear before the Pre-Trial Chamber promptly after their arrival. This initial hearing will confirm Duterte’s identity and formally inform him of the charges against him. He will also be reminded of his rights under the Rome Statute, the treaty that established the ICC, including the right to legal representation and the ability to request interim release.
Pre-trial judges will then set a date for the confirmation of charges hearing, a crucial step in determining whether Duterte’s case will proceed to a full trial.
The confirmation of charges hearing
The Rome Statute mandates that within a reasonable period following a suspect’s detention, the ICC must hold a hearing to confirm the charges. During this hearing, prosecutors must present substantial evidence to convince the judges that Duterte committed the alleged crimes.
The judges have several options: they may confirm the charges and proceed to trial, request additional evidence, modify the charges, or dismiss the case if the evidence is insufficient. Should the charges be confirmed, a trial chamber will be assembled to prepare for legal proceedings.
A landmark trial and potential outcomes
If the case moves forward, Duterte will face a full trial where the prosecution and defense will present their arguments, witness testimonies, and documentary evidence. The ICC has previously sentenced convicted individuals to prison terms ranging from several years to life, depending on the gravity of the crimes.
If acquitted, Duterte would be released and could return to the Philippines or seek refuge in another country willing to accept him. His trial is expected to have significant political implications, potentially reshaping the Philippines’ relationship with international judicial bodies and influencing domestic governance.
