After the polls, back to the ICC

After that election where billions were spent and many relationships had been strained or broken irretrievably, we need to refocus our attention on the pending International Criminal Court case against former president Rodrigo Duterte. This is the first time in our history that a former president is standing trial before the ICC.

It’s important for Filipinos to understand the fundamental principles governing ICC legal procedures. Many netizens are fond of participating in online debates but don’t really have a solid grounding on the fundamental law.

First, we need to understand that our country was a signatory and a ratifier to the Rome Statute, and therefore a state party to it. Although the Philippines under then President Duterte withdrew our membership from the Rome Statute, many of the crimes charged against him were allegedly committed when the Philippines was still a member.

Second, under the Rome Statute, crimes against humanity are within its jurisdiction. These are serious violations of human rights as part of a large-scale attack against a civilian population, which includes offenses such as murder, rape, arbitrary imprisonment, enforced disappearances, enslavement, sexual slavery, torture, apartheid, and unjust deportation.

Third, once there is a complaint filed, ICC's Office of the Prosecutor shall determine if there’s sufficient evidence of crimes falling under ICC jurisdiction. It also determines if there’s a domestic proceedings in the country where the crimes were committed and whether the ICC giving due course to the complaint would better serve the interest of justice.

Fourth, after gathering evidence and identifying the suspect, the ICC prosecution formally requests the ICC judges to issue an arrest warrant. Once issued, the ICC relies on the specific country to help in the arrest and transfer of the suspect to the ICC in The Hague. If the suspect refuses to appear voluntarily, he shall be arrested in coordination with the country where the crime was committed.

Fifth, comes the pre-trial stage whereby the pre-trial judges confirm the right identity of the suspect and verifies that said suspect understands the charges against him. This was done already and we all saw the proceedings. What wasn’t yet done was the confirmation hearings, whereby the judges, after hearing the prosecution, the defense and the legal representatives of the victims, shall decide whether there is enough evidence to proceed with formal trial.

Sixth, before the three trial judges, the prosecution must prove beyond reasonable doubt the guilt of the accused, while the defense shall defend. The judges shall then evaluate the evidence and issue a verdict. If it’s conviction, the judges can issue a sentence up to 30 years of imprisonment or even life. Judges can also order reparation for the victims. Both the prosecution and the defense have the right to appeal. The victims may also appeal concerning the reparation.

Seventh, upon appeal from the decision of the three trial judges, an appeal chamber composed of five judges shall decide whether to uphold the verdict, to reverse it, revise it, modify it, or order a new trial. A decision by the appeals chamber upholding or reversing the decision by the trial judges shall be final and executory.

Eighth, if the appeal verdict upholds the conviction, the accused shall be turned over to the ICC prison. If an acquittal, the accused shall be released. The convicts shall be forwarded by the prison authority to a country outside the Netherlands.

Ninth, it may interest us to know that famous world leaders are currently considered fugitives by the ICC like Israel Prime Minister Benjamin Netanyahu who was indicted for alleged war crimes in Gaza, as well as Russia's Vladimir Putin who is facing charges for the war against Ukraine.

Tenth, the ICC issued arrest warrants against Netanyahu and Putin, but both the Israeli and Russian governments considered the warrants meaningless. On the contrary, the Philippine government gladly cooperated with Interpol.

The Philippine government even provided a special private plane, complete with doctors and nurses, and escorts with all amenities, if only to help in the arrest and delivery to The Hague of Duterte. Well, maybe it’s because ours is a law-abiding country, no matter who gets hurt. Or, to be fair to the other side, as the detractors of the president would have their two cents worth, perhaps because this administration is vindictive and vengeful.

Or, if we go back to the basic presumption of regularity, perhaps it’s because BBM remains faithful to his oath to do justice to everyone without fear or favor. So help Duterte, God.