Duterte camp’s political references at ICC hearing 'surprising,' says UP law expert

A law expert on Tuesday said he was surprised by the political references in the defense’s opening statement during the first day of former president Rodrigo Duterte’s confirmation of charges hearing at the International Criminal Court (ICC).

UP Law Center International Criminal Law Program head Atty. Michael Tiu Jr. said while the proceedings generally unfolded as expected, some parts of the Duterte camp’s opening statement were "surprising" because they tackled Philippine politics.

For Tiu, such remarks are not typical to be heard at an ICC hearing.

“Medyo nagulat lang ako ng siguro bahagi doon sa unang parte ng kanyang opening statement kung saan parang may mga references doon sa politika ng Pilipinas na hindi ko naririnig sa ICC,” he told GMA Integrated News’ Unang Balita in an interview.

(I was just a little surprised by maybe the first part of his opening statement, where there seemed to be references to Philippine politics that I didn’t usually hear at the ICC.)

“Pero, I think bahagi din yun ng kanilang gustong naratibo na iparating kung bakit nakarating si dating pangulong Duterte sa The Hague,” he added.

(But I think that’s also part of the narrative they want to convey about why former president Duterte was brought to the Hague.)

Tiu pointed out that such arguments were not necessarily relevant to the judges who are tasked with determining whether there is sufficient evidence to move the case to trial.

“Sa akin, ang kinakausap nila doon ay ang taumbayan,” he said.

(For me, they were talking to the people.)

The law expert said it is too early to determine which side has the advantage based on the first day of the confirmation of charges hearing, as the defense has yet to present its evidence in full.

Duterte is suspected of the crimes against humanity allegedly committed in the Philippines between November 1, 2011 and March 16, 2019 in the context of the ‘war on drugs’ campaign. 

The Chamber has scheduled the confirmation of charges hearing for February 23, 24, 26, and 27, 2026. 

The purpose of the confirmation of charges procedure is to determine whether there is sufficient evidence to establish substantial grounds to believe that Duterte committed the alleged crimes.

If the charges are confirmed, totally or partly, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings, the trial, according to the ICC.

The Chamber will issue its decision on the confirmation of charges within 60 days after the confirmation hearing, the ICC added. —Joviland Rita/ VAL, GMA Integrated News