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ICC steps in to guarantee Duterte’s trial is fair and just

Former President Rodrigo Duterte is set to face trial at a special court far away from the Philippines, and two lawmakers are making sure everyone understands: he will be treated fairly, and the people who speak out won’t be in danger.

This special court is called the International Criminal Court (ICC). It’s located in a place called The Hague, in the country of The Netherlands, in Europe. The ICC is where world leaders go when they are accused of serious crimes like hurting people unfairly or doing bad things to a lot of people.

Why is Duterte on trial?

Many people say that when Duterte was president, his “war on drugs” led to a lot of violence. Some believe innocent people were hurt or even killed. Because of this, families of the victims want justice. But some are scared to speak out.


What’s the issue?

Some lawmakers in the Philippines, like Senator Imee Marcos, want to pass a law (called Senate Bill 557) that would stop people from being sent to international courts like the ICC unless a local judge in the Philippines says it’s okay.

Other senators—Robin Padilla, Bong Go, and Ronald “Bato” dela Rosa—also want Duterte to stay at home under house arrest instead of being in jail overseas while waiting for his trial.


Why do other lawmakers disagree?

Representative Chel Diokno, who is a lawyer and lawmaker, said that while the Philippines has its own courts, it would be very hard for Duterte to get a fair trial here.

Here’s why:

  • Duterte is still very powerful, even after leaving office.

  • Many people, including judges, were appointed by him.

  • Some witnesses might be scared to tell the truth because they fear getting hurt or punished.

Diokno said, “That’s why it’s better for the trial to happen in the ICC. Judges there can’t be bullied or scared. And the witnesses will feel safe enough to speak the truth.”


Another lawmaker agrees

Representative Zia Adiong from Lanao del Sur agrees with Diokno. He said that letting Duterte go home—or letting powerful senators protect him—could scare the victims and their families. He explained that if people in power keep defending Duterte, it proves the victims are still in danger, and Duterte still has influence.

He added, “Even if Duterte is being watched, he could still use his power. That’s why some families are against letting him out.”


Can the Philippines ignore the ICC?

No, they can’t.

Diokno reminded everyone that the Philippines has a law (Republic Act 9851) that says the country must follow the ICC’s rules, especially for crimes like genocide or crimes against humanity.

Even though the Philippines is no longer part of the ICC today, the alleged crimes happened when the country was still a member, so they still have to cooperate.

He also said that if the government makes new laws that go against the Rome Statute (the set of rules the ICC follows), it would be wrong and disrespect international agreements.


What’s next?

  • Duterte’s trial will take place in the Scheveningen Prison, a detention center in The Hague.

  • His confirmation of charges hearing is scheduled on September 23, 2025. That’s when the court will decide if there is enough evidence to officially put him on trial.

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