Judges of the International Criminal Court (ICC) postponed the second session in the case against the former president of the Philippines Rodrigo Duterte on Monday, to investigate whether he is fit enough to attend the trial. The 80-year-old Duterte was arrested in March and transferred to The Hague. The Court suspects him of crimes against humanity in connection with his harsh approach to drug crime.
The defense of the former president asked the court last month to postpone all proceedings for an indefinite period of time, with the argument that their client would not be able to stand justice. Two of the three judges have agreed to a limited postponement. The session of 23 September has been postponed ‘until further notice’.
They did, however, emphasize that this period would remain limited “to the strictly necessary time to determine whether Mr Duterte is able to follow the preparatory court sessions and to participate,” the Court said.
Details about Dutertes alleged health problems are unknown. Many of the documents related to his health are confidential or largely black -painted, and it is unclear when the Court expects to make a ruling on his suitability to follow his case. It is rare that international courts, even elderly suspects, consider completely unsuitable to stand.
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Scheveningen
Duterte is currently being held in Scheveningen. The sessions at the Criminal Court are now still part of a preliminary investigation. During the second hearing it will be determined whether there is enough evidence to start the politician’s lawsuit.
The ICC examines massacres during Duterte’s so -called war against drugs, both during his period and mayor of the southern Filipino city of Davao as when he was a president. Estimations of the death toll during Dutertes Presidency range from more than 6,000, as reported by the National Police, to 30,000 according to human rights organizations.
At the end of 2021, the Duterte government tried to stop the court’s investigation with the argument that the Filipino authorities themselves were already investigating the same accusations, and that the International Criminal Court therefore had no jurisdiction.
However, judges on the appeal of the ICC ruled in 2023 that the investigation could be resumed and rejected the objections of the Duterte government. The International Criminal Court can act when countries are not willing or unable to prosecute suspects for the most serious crimes, including genocide, war crimes and crimes against humanity.
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