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Rodrigo Duterte is expected to be required to appear at his ICC trial.
Philstar.com illustration
MANILA, Philippines — With the case against Rodrigo Duterte moving forward to a full trial, the former presidentis expected to be required to appear before the International Criminal Court during the proceedings.
International law professor Evecar Cruz-Ferrer said Duterte "needs to be present during the trial proceedings pursuant to Article 63 of the ICC Statute,” Cruz-Ferrer told Philstar.com in a message.
The Rome Statute states, in Article 63:
"Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required."
Duterte in the past only made one appearance before the ICC since his arrest on March 11, 2025. He requested not to be physically present during the pre-trial hearings prior to confirmation of charges in February and his appeal for jurisdiction.
'Untenable' defense
The Duterte camp’s defense revolved around the circumstances of the Philippines’ withdrawal from the ICC in 2019 and certain technical arguments.
One issue raised was the interpretation of the term “the court,” which the defense argued should not include the Office of the Prosecutor.
For Cruz-Ferrer, the arguments of the Duterte camp assailing the court’s jurisdiction are “untenable” and “too technical.”
“The jurisdiction of the ICC is quite clear in this case, even the Supreme Court ruling in the case of Pangilinan vs. Cayetano affirmed the jurisdiction of the ICC,” Cruz-Ferrer said.
The Duterte camp’s defense revolved around the circumstances of the Philippines’ withdrawal in 2019 and some technical aspects.
The Appeals Chamber, citing Article 34 of the Rome Statute, rejected this argument, saying the Office of the Prosecutor is one of the four organs of “the court.”
READ: Four grounds of appeal: How ICC rejected Duterte's dismissal pleas
Victory for victims
For former Bayan Muna Representative Neri Colmenares, the ruling upholding jurisdiction is a win not only for victims but also for “international accountability.”
“Had Duterte won his challenge, it would have served as a model for dictators and human rights violators to escape accountability by merely withdrawing from the ICC,” Colmenares said.
“We hope Pres. Duterte will now focus on preparing for the trial. We are confident that the charges will be confirmed, now that jurisdiction has been affirmed, and trial will eventually follow. There is no way that the Court will be convinced by Duterte's argument that he did not order the killings and these were mere acts of individual rogue cops,” he added.
For human rights group Karapatan, the ruling reflects what it described as the “Filipino people’s unrelenting, persevering and staunch struggle for truth, justice and accountability.”
“This latest decision eliminates an important legal obstacle to the confirmation of charges against Duterte and practically gives the green light for the trial to proceed. We anticipate the confirmation of murder charges any time soon,” Karapatan Secretary General Cristina Palabay said.
