OPINION | ICC rebukes Medialdea: Stop the drama

March 15, 2025 , 09:50 AM

By Manny Mogato

(March 15, 2025) – Please, stop the drama.

Salvador Medialdea’s pleas to the judges of the pre-trial chamber of the International Criminal Court (ICC) at The Hague fell on deaf ears.

He was rebuked politely by the ICC judge.

When he said former president Rodrigo Duterte faced medical conditions, the ICC judge said doctors, who checked the murder suspect, said he was fit to stand trial.

Now his two other points—Duterte was kidnapped and his arrest and transfer to the ICC were purely based on politics—were completely ignored.

The ICC judge has also set a date, September 23, for the next hearing, which is the start of Duterte’s trial for crimes of humanity.

It will be a long wait for Duterte, but it will allow him to prepare for his defense and focus on the facts of the case, not theatrics and appeals to emotion.

It was obvious that Medialdea was not addressing the ICC when he argued that politics was the root cause of Duterte’s problem and why he was in The Hague.

He said Pres. Bongbong Marcos Jr has a political score to settle. Wrong. He forgot that Duterte has to account for thousands of lives lost in his brutal and bloody war on drugs.

That is the real score Duterte must settle.

However, only 19 cases of murders, rapes, and torture were the basis for Duterte’s warrant of arrest, which covered when he was mayor of Davao City from 2011 to 2016.

Another 24 cases of murders when he was the president from 2016 until 2019 when the Philippines withdrew from the ICC.

The ICC did not lose jurisdiction even after the Philippines abandoned the Rome Statute in March 2019. Even the Supreme Court in the Philippines acknowledged the residual obligation to cooperate with the ICC because the cases covered were during the time the country was still a member.

Congress also passed a law before the Philippines joined the ICC that could allow an international body to investigate, prosecute, and convict a person facing crimes against humanity.

So, Medialdea’s arguments simply did not hold water. What politics is he talking about? Lives were lost. More than 7,000 died.

The Philippine National Police had admitted killing them in legitimate anti-illegal drug operations when they chose to resist arrest and fight it out. However, most of them were executed based on forensic investigations.

The victims of these killings were not given due process and the police violated the provisions of their manuals in making arrests in sting operations (buy-bust).

In short, there were shortcuts just to satisfy Duterte’s lust for blood.

Human rights groups believed there were more than 30,000 lives lost, including assassinations by motorcycle-riding gunmen and so-called vigilantes.

The “kidnapping” accusation was also ignored. Medialdea questioned why Duterte was not informed about the nature of his ICC warrant nor was showed a copy.

The ICC has already issued a total of 60 arrest warrants, including against Russia Pres. Vladimir Putin, Israel Prime Minister Benjamin Netanyahu, and Sudan’s former president Omar al-Bashir.

Only 21 had been detained, including Duterte, and 30 remain at-large. Eleven had been convicted and four were acquitted.

However, the ICC judge dismissed Medialdea’s arguments because Duterte was first arrested by the Philippines under its local laws, informed of his rights, and was also shown a copy of the ICC warrants.

Moreover, there was one case in the past when the United States military “kidnapped” an African rebel leader and handed him over to the ICC based on an international warrant.

France and Belgium had also turned over an ICC suspect after a warrant for war crimes had been issued against them.

Duterte must get a more competent lawyer who has experience in appearing in the ICC rather than depend on his sycophants who are more interested in trying to inflame Duterte’s supporters and not mounting a credible defense.

Harry Roque’s speeches outside the ICC were also useless. These were meant to shore up support for the detained leader and his daughter who aspire to become president.

Duterte may still be in an ICC detention facility even if Vice Pres. Sara Duterte-Carpio wins the 2028 elections. However, there are doubts about whether she will win.

What if she is convicted in an impeachment court? She should resign and stay close to her father who badly needs frequent visitors even once a week. Otherwise, Duterte will die of boredom.

Protest actions to demand Duterte’s return to the country are becoming futile as the ICC would likely keep him for the next six months for Duterte’s second court appearance.

Perhaps, the protests could turn into anti-Marcos rallies. But could the Dutertes sustain the protest actions?

These protests would give an impression of political instability and could eventually impact the country’s economy.

Duterte’s supporters must accept the fact that the former leader would no longer return to the country. He would stay longer in the ICC detention facility even if his trial ended and resulted in a conviction.

So, please stop the drama, focus on the case, and help stabilize the country.

The views expressed by the columnist do not necessarily reflect that of the media organization.

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