Former Philippines leader Duterte appears by video link at ICC in landmark case over deadly war on drugs

Ex-president faces charges of crimes against humanity

Former Philippines president Rodrigo Duterte made his first appearance by video link at the International Criminal Court on Friday on charges of crimes against humanity related to his deadly war on drugs.

Presiding judge Iulia Antoanella Motoc said Mr Duterte had been allowed to participate in his first ICC hearing by video link because he had just come off a long flight. He had “a long journey with considerable time difference”, she said.

Mr Duterte was taken to hospital for observation on arrival in The Hague, where the ICC is based, because he is “hard of hearing and poor of sight”, his lawyer Salvador Medialdea said. He described the way his client was brought to the Netherlands as “pure and simple kidnapping”.

Mr Duterte, wearing a jacket and tie, spoke briefly to confirm his name and date of birth in the landmark case for the world body. He faces murder allegations related to his years-long campaign against drug users and dealers in the Philippines that rights groups say killed tens of thousands of people.

The date of Mr Duterte's confirmation of charges hearing was set for September 23. Judges will then assess whether there is enough evidence to proceed to a full trial, which could take years. If Mr Duterte is convicted, he faces a maximum sentence of life imprisonment.

Mr Duterte was arrested in Manila on Tuesday and then flown to The Hague. As he landed in Europe, the former leader appeared to accept responsibility for his actions, saying in a Facebook video: “I have been telling the police, the military, that it was my job and I am responsible.”

Judge Motoc said Mr Duterte had been judged “fully mentally aware and fit” by the court's doctor and had been informed of his rights.

Unprecedented pressure

The high-profile case comes at a critical moment for the ICC as it faces unprecedented pressure. It has been criticised for its slow trials and relatively low number of convictions. In two decades, prosecutors have won six convictions for the court's core crimes, all of them against former African militia leaders.

The ICC has no police force and relies on its 125 member states to detain fugitives. Its top suspects remain at large. Outstanding arrest warrants for political and military leaders include Russian President Vladimir Putin, Israeli Prime Minister Benjamin Netanyahu and former Sudanese president Omar Al Bashir. Sudan has slammed the ICC as a neocolonialist court.

Last month, US President Donald Trump imposed sanctions on the court over what he said were “illegitimate and baseless actions targeting America and our close ally Israel”. The ICC has issued an arrest warrant for Mr Netanyahu and former Israeli defence minister Yoav Gallant for alleged war crimes and crimes against humanity during the Gaza war.

Former Philippine President Rodrigo Duterte is accused of crimes against humanity. AFP

The ICC is also facing a UN-led investigation into alleged sexual misconduct by its chief prosecutor Karim Khan, allegations that he denies.

Mr Khan hailed Mr Duterte's arrest as a key moment for victims of the Philippine drug war and for international justice.

“Many say that international law is not as strong as we want, and I agree with that. But as I also repeatedly emphasise, international law is not as weak as some may think,” Mr Khan said in a statement following Mr Duterte's arrival in ICC custody. “When we come together … when we build partnerships, the rule of law can prevail. Warrants can be executed.”

At the initial hearing, a suspect can request interim release pending a trial, according to ICC rules. Following that first hearing, the next phase is a session to confirm the charges, at which point a suspect can challenge the prosecutor's evidence. Only after that hearing will the court decide whether to press ahead with a trial.

“It's important to underline, as we now start a new stage of proceedings, that Mr Duterte is presumed innocent,” said Mr Khan.

Protesters march during a rally calling for the imprisonment of Mr Duterte in Manila, Philippines. EPA

Mr Duterte is the first Asian former head of state to appear before the court. His arrest came amid a meltdown in relations between his family and the ruling family of current President Ferdinand Marcos. The pair had previously joined forces to run the Philippines.

Mr Marcos and Vice President Sara Duterte – Rodrigo's daughter – are at loggerheads, with the latter facing an impeachment trial over charges including an alleged assassination plot against Mr Marcos. Sara Duterte is in the Netherlands to support her father, after labelling his arrest “oppression and persecution”.

The Philippine war on drugs was the signature campaign platform that swept Mr Duterte to power in 2016. During his six years in office, 6,200 suspects were killed during anti-drug operations, by the police's count. Activists say the real toll was far greater.

Mr Duterte has long insisted he instructed police to kill only in self-defence and has always defended the crackdown, repeatedly telling his supporters he was ready to “rot in jail” if it meant ridding the Philippines of illicit drugs.