MANILA, Philippines — Former President Rodrigo Duterte’s case earlier than the Worldwide Felony Court docket (ICC) has sparked native debates about worldwide regulation.
Alleged to have dedicated crimes in opposition to humanity in connection together with his bloody warfare on medication, Duterte is the primary Filipino and first Asian former head of state to be introduced earlier than the worldwide tribunal.
The previous president’s arrest “presents each a chance and a problem for the ICC,” in response to College of the Philippines (UP) School of Legislation Dean Darlene Berberabe at a colloquium final Friday.
Listed below are among the points mentioned by specialists:
Was Duterte’s arrest completed ‘by-the-book?’
Duterte’s kids sought to problem the ex-leader’s arrest by way of a habeas corpus petition earlier than the Supreme Court docket, claiming his detention and switch have been “grave violations of his constitutional rights, due course of and the sovereignty of the Philippine judicial system.”
READ: Sebastian Duterte recordsdata petition to convey father again dwelling
Nevertheless, the Division of Justice (DOJ) maintained that Duterte’s arrest adopted protocols.
READ: DOJ: Duterte arrest for ICC drug warfare case adopted protocols
On the UP Legislation colloquium, professor and former Supreme Court docket spokesperson Ted Te mentioned the arrest “glided by the e-book,” noting that the arrest was by advantage of a warrant issued by the ICC not a neighborhood courtroom.
“I observed many stories that he was ‘learn his Miranda Rights,’ which technically doesn’t apply within the sense that he’s not charged with any prison offense within the Philippines,” Te mentioned.
“Even that specific step was, I feel, a step that was taken with nice prudence, simply to make it possible for he understood that there have been sure rights that protected him despite the fact that he’s not an accused in relation to a criminal offense or a felony underneath Philippine regulation,” he added.
Does the DOJ qualify as a “competent judicial authority” per the Rome Statute?
Article 59, Paragraph 2 of the Rome Statute states: “An individual arrested shall be introduced promptly earlier than the competent judicial authority within the custodial State which shall decide, in accordance with the regulation of that State, that: a) the warrant applies to that particular person; b) the particular person has been arrested in accordance with the correct course of; and c) the particular person’s rights have been revered.”
In Duterte’s case, Interpol Manila obtained the warrant for his arrest hours earlier than his arrival on the Ninoy Aquino Worldwide Airport (Naia) on March 11.
READ: DOJ could adjust to Interpol on ICC warrant for Duterte’s drug warfare
Malacañang confirmed it was Prosecutor Common Richard Fadullon that served the ICC notification for an arrest warrant in opposition to the previous president.
Michael Tiu and Ross Tugade of the UP Legislation Institute of Worldwide Authorized Research each interpreted “competent judicial authority” as a courtroom.
Nevertheless, Tiu additionally cited the case of Ugandan militia chief Dominic Ongwen, who was turned over to the Central African Republic’s Procurer-général près du Cour d’Appel de Bangui (Prosecutor Common of the Court docket of Attraction of Bangui) and the Procureur de la République (Public Prosecutor) in January 2015.
“That was thought of by the pretrial chamber as enough in that case,” Tiu mentioned on the colloquium.
Might Duterte be granted interim launch?
Throughout Duterte’s first look earlier than the ICC final Friday, the tribunal mentioned the previous president can apply for interim launch.
READ: ICC units Duterte affirmation of prices listening to Sept. 23
Tiu mentioned the courtroom may grant the interim launch if supplied with a selected deal with from which the particular person in custody’s freedom of motion could possibly be restricted based mostly on sure parameters or a set radius from the deal with.
In the meantime, former ICC choose Raul Pangalangan cited the case of Kenyan President Uhuru Kenyatta, who returned to his dwelling nation after showing earlier than the ICC.
“When you go by the precise historic report and judicial precedent, I feel the courtroom must be assured that the discharge of the accused won’t result in extra intimidation of witnesses, extra suppression of proof or the repetition or continuation of the crimes of which the accused is charged,” Pangalangan mentioned.
Can Duterte be granted hospital arrest at one other facility given his medical situation?
The Duterte camp highlighted the previous president’s well being situation since his arrest in Manila, when he was supposedly scheduled for a check-up and a medical situation.
The ex-leader even made his first look earlier than the tribunal by way of video hyperlink because of well being points final Friday.
Nevertheless, throughout Duterte’s first look earlier than the courtroom, Presiding Decide Iulia Motoc mentioned the ICC’s docs had assessed the previous president’s well being upon his arrival on the detention middle and located him “absolutely mentally conscious and match.”
READ: Duterte unable to bodily attend ICC pre-trial because of well being points
When requested if an arrest at one other hospital was doable, Pangalangan mentioned, “I feel any wants by the affected person, wanting grave medical emergencies, will be addressed by present services within the penitentiary.”
Can quad comm testimonies be used?
Final November, Duterte testified earlier than the Home of Representatives’ quad committee investigating his administration’s drug warfare.
Quad committee co-chair and Surigao del Norte Rep. Robert Ace Barbers beforehand maintained that the panel won’t give the ICC entry to transcripts of its hearings.
READ: Quad comm received’t permit ICC to entry its drug warfare listening to transcript
Nevertheless, Tugade mentioned, “In worldwide prison investigations, in case build-up, you additionally depend on open-source info and will deal with this pending and can endure a probative worth evaluation of how they’re related and the way they can hyperlink to the crimes which might be being charged.”
She cited the ICC prosecutor’s request for the warrant to arrest Duterte, which incorporates “public speeches and statements by Duterte and different members of his administration, together with transcripts of such revealed on the Authorities of the Philippines’ Presidential Communications Operations Workplace (PCOO).”
Tugade mentioned the ICC could have a look at the Home quad committee investigation the identical approach.
“I feel will probably be used as open-source proof just like how they handled the [PCOO] archives. My place is that it may be used as proof regardless of the pronouncement of the Philippine authorities that it’s going to not cooperate,” Tugade mentioned.
What’s subsequent?
Duterte’s affirmation of prices listening to, the subsequent step within the ICC course of, was set for September 23, 2025.
READ: British lawyer tapped as Duterte’s lead counsel in ICC case
The previous president’s camp tapped British-Israeli lawyer Nicholas Kaufman as lead counsel.
READ: EXPLAINER: What’s subsequent after arrest of Rodrigo Duterte?
In an announcement after Duterte’s preliminary look listening to, the ICC mentioned the affirmation of prices process will decide whether or not there may be sufficient proof to ascertain grounds to consider the ex-leader dedicated the crimes he’s suspected of.
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“If the fees are confirmed, completely or partly, the case will probably be transferred to a Trial Chamber, which can conduct the next section of the proceedings: the trial,” the tribunal added.