Rodrigo Duterte will not be present in court during a hearing this week on whether he should be charged with crimes against humanity.
But a select few families of those killed in his drug war traveled from various countries to attend the hearing. Although they will not speak, they will be formally acknowledged as part of the case against him.
The four-day confirmation of charges hearing from now until February 27 is not a trial. Instead, three judges will listen to both sides and the victims to determine whether there is sufficient evidence to establish “substantial grounds” that Duterte is responsible for the crimes. This is a higher standard than the arrest warrant issued last year.
For the victims, this process has been painful and difficult. Many of them have experienced online harassment and ridicule for their testimony. According to Sheera Escudero, whose sister Ephraim was killed in 2017, “We don’t ask for this kind of life. We just want a peaceful family where our nephews can grow up with their father.”
More than 500 victims are represented by three lawyers, including Joel Butuyan and Gilbert Andres from the Center for International Law Philippines, and a representative from the ICC Office of Public Counsel for Victims. They have time to present the voices and concerns of the victims, but unlike prosecutors, they do not present their own evidence.
Under the ICC, Duterte is accused of being a “indirect co-perpetrator”, meaning he did not directly commit the murder, but is believed to have led the chain of command that carried out his orders. The Document Containing the Charges states that Duterte and his associates had a “common plan” to kill suspected drug traffickers.
The hearing will be held Monday, Tuesday, Thursday, and Friday from 10 a.m. to 3 p.m. in The Hague (5 p.m. to 10 p.m. in Manila). The sessions will be livestreamed with a 30-minute delay. The prosecution will speak first, followed by the victims' lawyers, and then the defense before closing statements.
For the families and lawyers who have been following the case since 2018, this is more than a legal matter—it is justice for Filipinos. According to Neri Colmenares, “This is not just about the victim. This is justice for the Filipino people, so that this kind of dictatorship and violence will never happen again.”
Escudero, on the other hand, has a message for Duterte's supporters: "To those who support the killer, examine yourselves. They say I'm an addict, I was paid, but why would we choose to come here if we don't want to?"
“I hope fellow Filipinos wake up. Listen to us. Stop the teasing and mocking.”
