ICC sets up court judges for Rodrigo Duterte trial

The International Criminal Court (ICC) Presidency has constituted the Trial Chamber that will hear the crimes against humanity case against former President Rodrigo Duterte over killings during his tenure as Davao City mayor and later as Philippine president.

In a five-page document dated April 24, the Presidency said Trial Chamber III will be composed of Judge Joanna Korner, Judge Keebong Paek, and Judge Nicolas Guillou.

The Presidency also directed the ICC Registrar to transmit the complete record of proceedings to Trial Chamber III, including the Pre-Trial Chamber I decision confirming the charges against Duterte.

The ICC operates through different judicial levels, with each performing distinct functions in the handling of cases.

At the top is the ICC Presidency, composed of three elected judges — the President, First Vice-President, and Second Vice-President.

The Presidency does not conduct trials or determine guilt. Instead, it serves as the court’s administrative authority, overseeing case management, allocating cases to trial chambers, and ensuring the efficient operation of the court.

Below it are the Trial Chambers, which serve as the ICC’s main courtroom bodies. Once a case is assigned, a Trial Chamber composed of three judges conducts the trial proper, hears evidence and witnesses, and ultimately decides whether the accused is guilty or not guilty, as well as any penalty if applicable.

The ICC previously said that once the Trial Chamber is constituted, it will hold initial conferences with the parties to set the date for the commencement of trial and adopt the necessary procedures.

It added that the Trial Chamber will also rule on several preliminary issues, including the timing and manner of disclosure of evidence.

The confirmed charges against Duterte include:

• Count 1: Murder as a crime against humanity in Davao City during his mayoral term, involving at least 19 victims between 2013 and around June 2016, through indirect co-perpetration, ordering and/or inducing, and/or aiding and abetting.
• Count 2: Murder as a crime against humanity involving alleged “high-value targets” in locations across the Philippines during his presidency, covering at least 14 victims between around July 2016 and July 2017, through indirect co-perpetration and/or ordering and/or inducing and/or under Article 25(3)(c) (aiding and abetting).
• Count 3: Murder and attempted murder as crimes against humanity in barangay clearance operations across the Philippines during his presidency, involving at least 45 victims (43 murders and two attempted murders) between around July 2016 and September 2018, through indirect co-perpetration, ordering and/or inducing, and/or aiding and abetting.

—MCG, GMA News