Duterte critics, supporters vow to press on after ICC ruling

THE HAGUE, Netherlands – As former president Rodrigo Duterte inches closer to a possible trial at the International Criminal Court (ICC) over alleged crimes against humanity, both his critics and supporters in The Hague are determined to carry on their respective campaigns to push their opposite ideas of justice.

The ICC’s appeals chamber on Wednesday, April 22, decided on a majority vote to reject all four grounds of appeal on the jurisdiction issue surrounding the Philippines’ withdrawal from the ICC in 2019. 

This decision on jurisdiction clears the last roadblock before the pre-trial chamber decides whether there is substantial evidence for Duterte’s case to proceed to trial, a decision expected by April 28.

While the progressive organizations in the Duterte Panagutin Network Europe are optimistic that the case will proceed to trial, Duterte’s supporters are still hoping for his acquittal. Duterte’s defense team, meanwhile, is preparing for trial.

‘Welcome’ decision

The Duterte Panagutin Network Europe welcomed the decision of the appeals chamber.

“We’re very happy because what we want people to know is that the purpose of the law is to uphold justice. It is not there to be skirted around, and the purpose of international law is to make sure that countries like the Philippines and other countries that are not able to access the law in their own countries back home would be able to have an opportunity to still fight for justice at a higher court such as the ICC,” said Icai Enriquez, network convenor.

Ahead of the 11 am hearing, the alliance also held a mobilization outside the ICC to call on the court to uphold jurisdiction and confirm the charges.

“Under the Duterte administration, killings without due process, terrorizing the poor, and the state’s use of armed forces to silence government critics were normalized,” said Aldo Gonzalez of Migrante Netherlands in Filipino.

While an activist called Lidia was speaking for Maya Solidarity, a Dutch group acting in solidarity with the Filipino activists, supporters of the former president began to heckle them from the other side of the gathering area, chanting Duterte’s name and accusing the critics of being paid operatives.

Play Video

“We are witnessing whether the ICC as an institution is able to live up to its purpose or will buckle under the pressure of the most dominant imperialist forces in the world. If they decide to carry out their purpose and shine a bright light on the crimes committed by these groups, it would be a huge support to the struggles of all oppressed people, and particularly to that of the Philippines,” said Lidia, speaking over the heckling.

‘Laban pa rin’

Some of Duterte’s supporters were outside the court as the hearing took place. When the rejection of Duterte’s appeal became apparent, some became emotional, but still vowed to continue their campaign for Duterte’s release.

“Laban pa rin. Ipagpatuloy pa rin natin,” said Janet Suliman, a longtime resident of the Netherlands. (The fight continues. We will carry on.)

“I was ready for whether the decision would come out positive or negative, which is why I feel calm. I know sooner or later, the truth will come out. I will fight for him until he is released,” she added.

Alvin Sarzate, a pro-Duterte social media content creator said while he came positive about the possible victory in the jurisdiction appeal, he was also a “realist” in anticipating that things would go the other way.

“I still respect the judicial proceeding, but I am angry with the Bongbong [Marcos] administration, because what we are right now, Filipinos, and our Filipino identity, is becoming a laughingstock in the international community — that our judiciary is not working, that we rely on [an] international body to decide a matter that… should have been decided by our local courts or by the Supreme Court,” said Sarzate.

Defense: Focused on trial

Nicholas Kaufman, Duterte’s chief legal counsel, said he was “not surprised” at the decision given the broader “political context” surrounding the ICC as an institution. 

“The stakes are just too high for the court just to throw the case out… this court is in a state of crisis at the moment. The only thing that it has currently in its docket of substance is the case against the former president of the Philippines,” he said.

Kaufman said the defense team is ready and preparing for trial, though the certainty will still rely on the succeeding decision from the pre-trial chamber.

“We maintain everything that we argued at confirmation, and we believe that the evidentiary weaknesses that we identified at confirmation will lead ultimately to his acquittal,” said Kaufman.

Despite Wednesday’s decision, Kaufman reiterated that his client does not recognize the ICC’s jurisdiction over him, a belief that Duterte has held since his presidency — that he is only willing to face a domestic court for his alleged crimes. – Rappler.com