The Hague: Former President Rodrigo Duterte will not face any proceedings in a local Dutch court, as confirmed by Philippine Ambassador to The Netherlands, J. Eduardo Malaya. The ambassador stated that Duterte remains under the custody of the International Criminal Court (ICC) at the ICC Detention Center in The Hague.
According to Philippines News Agency, Malaya emphasized that all proceedings concerning Duterte will be conducted by the ICC. He clarified that there is no mandate under the Rome Statute requiring an arrested individual to appear before a Dutch local court. Duterte's detention follows his arrest and surrender to the ICC, where he faces proceedings for alleged crimes against humanity during his administration's anti-drug campaign.
International law expert and Dean of the San Sebastian College-Recoletos Graduate School of Law, Rodel Taton, explained that the next step involves the 'confirmation' of Duterte's identity and the examination of the case against him. The ICC's Pre-Trial Chamber will determine whether there is sufficient cause to advance to trial. Taton noted that Duterte is currently a suspect, but once identity and charges are confirmed, he will become an accused in the matter.
The legal process will allow the prosecution to present evidence, while Duterte will have the opportunity to defend himself. Duterte was served an ICC notification for an arrest warrant upon his arrival from Hong Kong, following the ICC's investigation into the Philippine anti-drug campaign from November 1, 2011, to March 16, 2019, when Duterte served as both Davao City mayor and president.
The ICC initially launched its investigation in September 2021 but paused it in November 2021 after the Philippines requested a deferral. The request cited ongoing local investigations into alleged abuses during the anti-drug campaign. The ICC resumed its investigation in 2023, asserting its jurisdiction in its 15-page warrant of arrest. The Philippines was a member of the Rome Statute from November 2011 until its withdrawal took effect on March 17, 2019.
