The Office of the Prosecution of the International Criminal Court (ICC) said Monday, February 23, that former President Rodrigo Duterte has no valid reason to miss his confirmation of charges hearing, asserting that he is “perfectly fine” to attend.
Senior trial lawyer Julian Nicholls told the court that the Prosecution does not believe Duterte is physically incapable of appearing, contrary to claims made by the defense.
“The point, despite what the defense might say here or to the press, Mr. Duterte is perfectly fine. He’s able to attend the proceedings today. There’s nothing stopping him except that he doesn’t want to be here. He chose not to face the court, not to face the victims. There is no reason for him not to be here, other than his request and choice,” Nicholls said.
Nicholls rejected the defense’s position that Duterte’s public statements were mere hyperbole, arguing instead that his rhetoric carried lethal intent.
“The reality is that Mr. Duterte’s message is clear, and it was understood by the perpetrators, and it was followed. That message was, commit murder at my direction and I will protect you, I will pay you, I will promote you. And that’s what happened,” he added.
He also cited Duterte’s remarks days before his arrest, including a speech in Hong Kong where the former president downplayed the possibility of an ICC warrant and referred to the court in profane terms.
Defense counsel Nicholas Kaufman earlier described Duterte as “a unique phenomenon” prone to “hyperbole, bluster and rhetoric,” and accused prosecutors of “cherry-picking” speeches. The defense maintains that Duterte’s statements did not carry criminal intent but were meant to instill fear among criminals.
The ICC hearings, which began February 23, will determine whether charges of crimes against humanity linked to Duterte’s anti-illegal drug campaign will move forward to trial.
Judges are expected to issue a ruling within 60 days after the hearings conclude.