ICC reviews Philippine former President Rodrigo Duterte’s interim release amid crimes against humanity charges

ICC reviews Philippine former President Rodrigo Duterte’s interim release amid crimes against humanity charges
ICC reviews Philippine former President Rodrigo Duterte’s interim release amid crimes against humanity charges

Dutch authorities have formally responded to the International Criminal Court over a request to release former Philippine President Rodrigo Duterte from detention in The Hague, court documents show.

The Netherlands weigh hosting Duterte under house arrest

On Friday, an ICC filing revealed that the Kingdom of the Netherlands had sent a confidential reply to the court’s Pre-Trial Chamber I on July 2, which had invited Dutch authorities to give their views on Duterte’s bid for interim release.

The exchange showed ongoing talks about whether the Netherlands could host Duterte under house arrest while the ICC weighs his fitness to stand trial for three counts of crimes against humanity tied to extra-judicial killings during his anti-drug campaign.

In a report by ABS-CBN, Attorney Maria Kristina Conti, who serves as an ICC assistant to counsel, was quoted as saying court records indicate the Netherlands may be willing to take Duterte in during an interim release period. 

She explained that Duterte’s defence team had initially floated the Netherlands as a transit point to a third country, but also suggested he could remain there under house arrest instead of travelling further.

The former president’s camp recently renewed their request for interim release, citing prolonged delays and ongoing logistical hurdles in evaluating his fitness to stand trial.

Confirmation hearing for charges postponed

Following Duterte’s video-link appearance during the March 14 hearing, the ICC Pre-Trial Chamber I in September postponed the confirmation hearing, which was supposed to begin on September 3.

The reason for the postponement, the ICC said, was to “allow sufficient time to adjudicate the request and related matters,” after Duterte’s legal team alleged that he is “not fit to stand trial.”

The new date for the trial is yet to be determined, as of this writing on September 29.

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Three counts of crimes against humanity 

On September 23, the former Filipino president was formally charged with three counts of crimes against humanity by ICC prosecutors.

The case centred on the killings of individuals who were allegedly linked to drug use, production, or scale during his mayoralty in the Southern Philippine city of Davao, and during his presidency from 2016 to 2022.

The total deaths totalled to about 6,000 according to the Philippine Drug Enforcement Agency, though human rights groups estimated it to be up to 30,000.

In a heavily redacted charge sheet, which was filed on July 4 and recently released to the public, ICC stated that Duterte was responsible for 19 killings across nine incidents from 2013 to 2016, back when he was still a mayor, and for 14 murders of “high-value targets,” individuals who were allegedly involved in drug manufacturing or syndicates.

The third count held him responsible for 43 murders and two attempted murders from 2016 to 2018 (the same year the Philippines withdrew its membership from the ICC).

The killings were conducted in village-level “clearance operations” across the country when he was still the president. 

The document prefaced that “the actual scale of victimisation during the charged period was significantly greater, as reflected in the widespread nature of the attack.”

It said that the former president had criminal responsibility over crimes, for “ordering and/or inducing” and “aiding and abetting” the murders.

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Systemic deadly crackdown on drug-linked individuals

Prosecutors allege that the so-called “National Network,” which is made up of Philippine National Police officers, drug law enforcers, National Bureau of Investigation personnel, non-police assets and hired hitmen, operated in a very similar way as the Davao Death Squad (DDS), which was blamed for killing suspected drug users and dealers in Davao.

The murders of high-value targets, meanwhile, were allegedly met with rewards reaching up to PHP1 million (more than USD17,000), given to police officers.  

His arrest back in March became a pivotal moment for the families of the victims, as those who died from the so-called “drug war” were not granted due process, while poor Filipinos often became targets.

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By Angelica N. Hall

Angelica achieved her degree in Journalism at the Polytechnic University of the Philippines.

She is a huge music lover who listens to a wide variety of genres - from punk rock to show tunes, indie, and even what Spotify would categorise as “pink pilates princess strut pop season”.

Her other interests involve films, Netflix shows, fictional novels, anime, DC comics, video games and Asian food.

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