Duterte will not participate in ICC confirmation hearing via video, defense says

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THE HAGUE — Former President Rodrigo Duterte will not participate through video conferencing in his upcoming confirmation of charges hearing at the International Criminal Court (ICC), scheduled to begin on February 23, according to his defense counsel, Nicholas Kaufman.

The hearing, which will take place before Pre-Trial Chamber I in Courtroom I, is set from 10 a.m. to 3 p.m. local time in The Hague (5 p.m. to 10 p.m. Philippine time). Subsequent sessions are scheduled on February 24, 26, and 27, during which the prosecution, defense, and victims’ lawyers will present their arguments to the judges.

Kaufman told GMA Integrated News that Duterte will not appear via video conference, noting that the former president also did not consent to participate through such technology at his initial appearance. Kaufman recalled that his co-counsel at the time, Attorney Salvador Medialdea, requested a postponement to allow him to attend in person, but the request was denied. He added that Duterte appeared in front of the camera while still recovering from hospital medication.

When asked whether Duterte will appear in person or waive his right to attend, Kaufman declined to comment further.

The ICC has allocated time limits for oral presentations during the confirmation hearing: the prosecution will have 30 minutes for opening statements, 2 hours and 30 minutes for submissions on the merits, and 30 minutes for closing statements; the common legal representatives of the victims will have 30 minutes for opening, 1 hour and 30 minutes for submissions, and 30 minutes for closing; while the defense will have 30 minutes for opening, 3 hours and 30 minutes for submissions, and 30 minutes for closing. The court noted that the schedule may be adjusted depending on the flow of proceedings.

The hearing will be available online with a 30-minute delay via the ICC website, Facebook, and YouTube. The ICC explained that the purpose of the confirmation of charges hearing is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed the crimes charged. If one or more charges are confirmed, the case will move to a Trial Chamber, which will conduct the trial phase.

Duterte is currently detained at the ICC Detention Center in Scheveningen, The Hague, facing charges of crimes against humanity linked to killings during his administration’s war on drugs, dating back to his tenure as mayor of Davao City and as president of the Philippines.

The ICC has identified several individuals as alleged co-perpetrators in a so-called “common plan” to target suspected criminals, including senators Ronald “Bato” dela Rosa and Bong Go; former police officials Vicente Danao, Camilo Cascolan, Oscar Albayalde, and Isidro Lapeña; former NBI director Dante Gierran; former Justice Secretary Vitaliano Aguirre II; and other members of the Philippine National Police and high-ranking government officials.

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Edgardo Hernal started college at UP Diliman and received his BA in Economics from San Sebastian College, Manila, and Masters in Information Systems Management from Keller Graduate School of Management of DeVry University in Oak Brook, IL. He has 25 years of copy editing and management experience at Thomson West, a subsidiary of Thomson Reuters.

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