Bea Allyson Alimangohan & Adi Joaquim Tolentino

Former Philippine President Rodrigo Duterte is scheduled for an initial hearing at the International Criminal Court (ICC) following his arrest and transfer to the Hague, Netherlands, over charges of human rights violations.

Photo Courtesy of CNN/ABS-CBN News.

ICC spokesperson Fadi El Abdallah confirmed on March 12 that the initial hearing would take place soon after his arrival at the ICC detention center.

"Once a suspect is in ICC custody, an initial appearance hearing will be scheduled," El Abdallah said in an email.

According to Abdallah, this process was applied for ‘the crime of murder as a crime against humanity allegedly’ charges filed to the former president which are reported to have occurred between November 1, 2011, and March 16, 2019 that was also during his term as the former president.

The pressed charges stemmed from his controversial anti-drug campaign, which human rights groups claim resulted in the deaths of over 27,000 individuals.

A Gulfstream G550 jet transported Duterte to the Hague late Tuesday night, and he was taken to the ICC detention unit in the seaside suburb of Scheveningen to await court proceedings.

The initial appearance in the hearing aims to validate the person’s identity and apprise him or her of the charges filed considering the prisoner's rights, including the right to seek interim release and to defend himself.

“The ICC Registrar endeavors to ensure the mental, physical and spiritual welfare of the detained persons within an efficient system of detention, with consideration to their cultural diversity and their development as individuals,” as stated on the website of ICC.

Family members of the former president, such as Vice President Sara Duterte, flew from Manila to Amsterdam, Netherlands to assist her father in preparing for his legal case at 7:45 AM on March 12.

Paolo Duterte, the representative of the first district of Davao City, also had his travel clearance to the Netherlands and Japan authorized by the House Speaker Martin Romualdez on March 12, based on Secretary General Reginald Velasco. 

Palace Press Officer Claire Castro mentioned that their team will still cooperate with the International Criminal Police Organization (Interpol) despite the Philippines’ no longer being a member of ICC.

If Duterte was not able to be brought to the Hague immediately, it is possible to transfer him to a country that is a member of the ICC such as Cambodia, Timor Leste, Japan, or South Korea. 

Even though the government claimed that only around 6,200 individuals were killed in legitimate police operations, independent investigations suggested a much higher death toll.

The ICC launched a preliminary examination into the killings in 2018, which prompted Duterte to withdraw the Philippines from the court in 2019.

Despite the withdrawal, the ICC ruled that it retained jurisdiction over crimes committed whilst the Philippines was still a member of the Rome Statute.

Duterte has repeatedly denied any wrongdoing, insisting that his drug war was a legitimate law enforcement campaign and dismissing the ICC investigation as politically motivated.

With his case now before the ICC, the coming proceedings will determine whether the charges pressed against him will proceed to trial.