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Opinion

From Hong Kong to The Hague: Quo vadis, Rodrigo Duterte?

Charry Ballescas - The Freeman

After an energized meeting with his supporters in Hong Kong, Duterte and party proceeded to return to the Philippines, resume their regular schedule in Davao, and, possibly with some, looking forward to his 80th birthday Today, Friday, Duterte will make his first appearance before the ICC.

"The Chamber considers it appropriate for the first appearance of Mr. Duterte to take place on Friday, 14 March 2025 at 14:00 hours (1300 GMT)" where “the 79-year-old will appear before judges for a hearing where he will be informed of the crimes he is alleged to have committed, as well as his rights as a defendant.”

Retracing what happens after an ICC arrest, allow us to share this FB post “from Holy Name U School of Law Dean Ma Grace Trabajo.”

“One. Immediate Transfer to ICC Custody.

“Upon arrival in The Hague, Duterte would be formally placed under ICC custody. He would be held at the ICC Detention Centre located within a Dutch prison complex in Scheveningen - on the outskirts of The Hague.

“Next, Initial Appearance Before the Court.

“Within a short period (usually 24-48 hours), Duterte would have his initial appearance before a Pre-Trial Chamber. At this stage, he would be informed of the charges against him. The Court would ensure that he understands his rights, including the right to legal counsel, to remain silent, and to a fair trial.

“This initial appearance is scheduled for Friday afternoon of March 14.

“Assignment of Counsel follows.

“If he has not yet appointed a lawyer, the ICC can assign legal counsel or provide one from its roster of qualified defense attorneys. He may also bring his own legal team, subject to ICC approval and rules.

“Then, the Pre-Trial Proceedings.

“This phase can take several months, where evidence will be examined. The defense can challenge the sufficiency of the charges. The Pre-Trial Chamber will determine whether there is enough evidence to proceed to trial. The Confirmation of Charges Hearing also happens here.

“Next, the Trial Phase (If Confirmed).

“If the charges are confirmed, the case proceeds to the Trial Chamber, where full hearings take place. Witnesses, victims, experts, and both prosecution and defense will present their arguments. Trials at the ICC are thorough and often take years, especially in high-profile, complex cases.

“Next, Judgment and Possible Sentencing.

“If found guilty, Duterte could face a sentence of up to 30 years or life imprisonment under ICC statutes. He would be transferred to a designated country with an agreement to enforce ICC sentences (e.g., Norway, UK, Austria, etc.).

“In case of Acquittal or Appeal.

“If acquitted, he would be released. Both prosecution and defense have the right to appeal the judgment or sentence.”

What happens next? Abangan…

ICC

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