FORMER President Rodrigo Duterte’s legal team launched a fierce criticism at the start of the International Criminal Court (ICC) pre-trial hearing Friday, March 14, 2025, accusing the court and the Philippine government of orchestrating a “kidnapping” in its handling of the former head of state’s transfer to The Hague, The Netherlands.
The pre-trial hearing, led by Presiding Judge Iulia Antoanella Motoc, is part of the legal process addressing charges of crimes against humanity linked to Duterte’s controversial anti-drug campaign, which left thousands dead during his presidency and his stint as mayor of Davao City.
The primary focus of the session was procedural. Motoc confirmed Duterte’s identity and informed him of the charges against him, which stem from his controversial anti-drug campaign that allegedly resulted in thousands of extrajudicial killings.
Duterte, unable to attend in person due to his health, participated in the hearing via video link.
Kidnapping?
Duterte’s lawyer, Counsel Salvador Medialdea, told the court in a manifestation that the former president had been “bundled into a private aircraft and summarily transported” without legal recourse in
the Philippines.
Medialdea further condemned the actions as “extrajudicial rendition,” claiming the transfer was aimed at undermining Duterte’s sovereignty and legacy.
“My client was denied all access to the legal recourse in the country of his citizenship and this all in the nature of political scores settling. Two troubled entities struck an unlikely alliance. An incumbent president who wished to neutralize and choke the legacy of my client and his daughter, on the other hand, and a troubled legal institution subject to delegitimization and desperate for a price catch and a legal show today, on the other hand,” Medialdea said.
“It is not surprising that my client was abducted from his country. ICC private jets do not drop out of thin air. That jet, which received my client, was coordinated in advance,”
he added.
The defense lawyer said Duterte had been detained for several hours in the United Arab Emirates, a country that is not a party to the ICC.
Medialdea also expressed concern for Duterte’s health, noting that the former president, who he said suffers from medical issues, was not provided sufficient opportunity to meet with his lawyers and prepare for the hearing.
“Only this morning have I met him for the first time with less than an hour to discuss legal issues. I have not been able to present him with a hard copy of the arrest warrant because we were not supplied with such,” he said. “I have not even been able to explain to him what the prosecution requested when seeking the issuance of the arrest warrant. This is because the chamber only established a redacted version of the prosecution’s request last night. Other than to identify himself, my client is not able to contribute anything to this hearing.”
Duterte’s defense continued to demand a postponement of the hearing to allow Duterte adequate time to understand the charges against him.
Motoc addressed these concerns, affirming that the ICC had followed its legal procedures in handling Duterte’s transfer and that the court had taken measures to assess his health.
While Duterte was deemed unfit to attend in person, the judge said he had consented to participate via video link.
“I believe that the Court has taken specific measures with regard to his health situation and I note that subsequent to his arrest and when he arrived at the detention center, the Court’s doctor was of the opinion that you were fully mentally aware and fit and that you have undergone further checks and tests at the detention facility,” Motoc said.
Motoc emphasized that the purpose of the session was not to address the merits of the case but to inform Duterte of the charges against him and his rights under the Rome Statute.
Following the reading of the charges, the judge outlined Duterte’s rights, saying that the hearing was a procedural step to ensure that the former president understood his legal rights, including his right to remain silent, his right to challenge the charges and his right to legal representation.
Sept. 23
Motoc set the date for the confirmation of charges hearing, which will take place on Sept. 23.
The hearing will determine whether there is sufficient evidence to proceed to trial, and it will offer both the prosecution and defense the opportunity to present and challenge evidence.
While the confirmation hearing is set for later this year, both sides will be able to address procedural issues.
“The Chamber will also issue a decision on the participation of the victims who, according to the statute of the Court and to the extent permitted by the Chamber, are authorized to present their views and concerns at this stage of the proceedings,” Motoc said.