Palace keeps distance as ICC case against Duterte is postponed

MANILA — Malacañang on Wednesday, September 24, reiterated that it has “no reaction” to the International Criminal Court’s (ICC) charges against former President Rodrigo Roa Duterte, emphasizing that the Philippine government is not part of the proceedings.

Palace Press Officer Claire Castro said the Marcos administration has nothing to do with the case. “No reaction. The Philippine government has nothing to do with the investigation, with the hearing or the proceedings before the ICC,” she told reporters, adding in Filipino that if the ICC decision turns out to be “good news” for the Dutertes, the Marcos Jr. government would accept it.

ICC charges made public

The ICC released a public-redacted Document Containing the Charges on September 22, confirming three counts of murder as crimes against humanity tied to Duterte’s anti-illegal drugs campaign. The charges cover at least 76 victimsbetween 2013 and 2018.
The first count involves 19 killings in Davao City from 2013 to 2016, during Duterte’s tenure as mayor. The second count cites 14 so-called “high-value target” killings in the early phase of the nationwide drug war between 2016 and 2017. The third count details 43 killings and two attempted murders during barangay “clearance operations” conducted across the country from 2016 to 2018.

Prosecutors noted that the victims listed in the charges represent only a fraction of the thousands of deaths under investigation, but were chosen to illustrate what they argue was a “widespread or systematic attack” against civilians.

Pre-trial hearing postponed

A confirmation-of-charges hearing scheduled for September 23 was postponed after Duterte’s defense raised concerns about his fitness to stand trial. ICC judges ordered a limited delay to allow medical and psychological assessments, with no new date set pending the results of the evaluation.

Defense posture and jurisdiction

Duterte’s lawyers have filed submissions questioning both his mental capacity and the ICC’s jurisdiction, citing the Philippines’ 2019 withdrawal from the Rome Statute. The ICC has previously ruled, however, that it retains authority over alleged crimes committed while the country was still a state party.

Vice President Sara Duterte has separately suggested that another country might host her father if granted interim release, though Malacañang has not commented on that possibility.

Reactions

Human rights groups have welcomed the ICC’s move as an overdue step toward accountability. Some figures tied to anti-drug operations, however, told The Guardian they remain unrepentant, saying they acted under lawful orders. In the United States, Senator Edward J. Markey applauded the ICC announcement, calling it an “important step.”

The Duterte family has consistently denied wrongdoing, maintaining that the anti-drug campaign was a legitimate government response to the narcotics trade.

Government holds its line

For now, the Marcos administration is keeping its distance, neither challenging the ICC nor defending Duterte. By maintaining neutrality, officials appear intent on insulating the government from a case that continues to unfold in The Hague.
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