How the ICC Works: A Guide Through the Duterte Lens

 Here’s a simple guide to how the International Criminal Court (ICC) works, using the case of Rodrigo Duterte as a real-world lens:

⚖️ How the ICC Works: A Guide Through the Duterte Lens

1. 🏛️ What Is the ICC?

The International Criminal Court (ICC) is a permanent international court that prosecutes individuals (not governments) for the most serious crimes:

• Genocide

• Crimes against humanity

• War crimes

• Crime of aggression

📍 Based in The Hague, Netherlands; created by the Rome Statute in 2002.

2. 📘 Jurisdiction and Who Can Be Investigated

The ICC can investigate crimes:

• Committed in member states (like the Philippines was from 2011 to 2019)

• By nationals of member states

• Referred by the UN Security Council

In Duterte’s case:

• The alleged crimes occurred while the Philippines was a member of the ICC.

• The court retains jurisdiction over actions from 2011 to 2019.

3. 🔍 How an ICC Case Starts

There are four ways an ICC investigation can begin:

1. A member state refers a situation.

2. The UN Security Council refers it.

3. The ICC Prosecutor initiates an investigation proprio motu (on their own).

4. A non-member state accepts jurisdiction temporarily.

Duterte’s case:

• In 2018, the ICC prosecutor launched a preliminary examination proprio motu based on human rights reports about his “war on drugs.”

4. 🧾 From Investigation to Trial

Step-by-Step:

1. Preliminary Examination

   • The Prosecutor gathers information to assess if crimes fall under ICC jurisdiction.

   • ✔️ Happened in Duterte’s case in 2018.

2. Full Investigation

   • Approved by a Pre-Trial Chamber if there's a "reasonable basis."

   • ✔️ Authorized in 2021 for the Philippines situation.

3. Issuance of Arrest Warrant

   • If sufficient evidence exists, the Chamber issues a sealed or public warrant.

   • ✔️ Duterte’s warrant was issued March 7, 2025.

4. Arrest and Transfer to The Hague

   • ✔️ Duterte was arrested March 11, 2025, and extradited.

5. Initial Appearance

   • The accused hears the charges and confirms legal representation.

   • ✔️ Occurred via video link on March 14, 2025.

6. Confirmation of Charges Hearing

   • Judges assess whether there’s enough evidence to proceed to trial.

   • 📅 Duterte's hearing is scheduled for September 23–26, 2025.

7. Trial

   • Includes witnesses, victims’ testimony, defense rebuttal.

   • Judges decide guilt; no jury involved.

8. Appeal

   • Convictions or acquittals can be appealed.

5. 👤 What Happens to Duterte Now?

• Currently held in ICC custody in The Hague.

• If the charges are confirmed in September, the case goes to full trial.

• A conviction could mean decades in prison, served in a state that has an agreement with the ICC.

6. 📌 Why It Matters

• Duterte is among the few former heads of state ever arrested by the ICC.

• The case tests the limits of international justice against domestic policies.

• It may impact future global responses to state-led violence.