The ICC has rejected a plea from former Philippine president Rodrigo Duterte for early release. -- PHOTO: REUTERS
THE HAGUE (AFP): Former Philippines president Rodrigo Duterte will face a hearing at the International Criminal Court next month, judges ruled on Monday, rejecting arguments the 80-year-old was unfit to take part.
Duterte will face a so-called "confirmation of charges" hearing starting February 23, where judges decide whether the prosecution's allegations are strong enough to proceed to trial.
"Having regard to the relevant legal principles, the medical assessment of the independent experts... and all of the relevant circumstances of the case, the Chamber was satisfied that Mr Duterte is able effectively to exercise his procedural rights," the court said.
Duterte is "therefore fit to take part in the pre-trial proceedings," the ICC added.
ICC prosecutors have charged Duterte with three counts of crimes against humanity, alleging his involvement in at least 76 murders as part of his "war on drugs".
The first count concerns his alleged involvement as a co-perpetrator in 19 murders carried out between 2013 and 2016 while Duterte was mayor of Davao City.
The second count relates to 14 murders of so-called "High Value Targets" in 2016 and 2017 when Duterte was president.
And the third charge is about 43 murders committed during "clearance" operations of lower-level alleged drug users or pushers.
These took place across the Philippines between 2016 and 2018, the prosecution alleged.
Duterte was arrested in Manila on March 11, flown to the Netherlands that same night and has been held at the ICC's detention unit at Scheveningen Prison since.
He followed his initial hearing by video link, appearing dazed and frail and barely speaking.
In October, the court had already rejected a defence plea for early release, arguing he posed a flight risk and could be in a position to influence witnesses if freed.
- 'Not persuaded' -
Duterte's defence had argued the former leader's short-term memory was "demonstrably impacted" to the extent he could not "retain information for more than a short space of time."
The defence team said this made it impossible for him to follow a hearing fairly and to instruct his lawyers effectively.
However, the judges said they were "not persuaded by these arguments".
AFP has contacted the Duterte defence team for comment.
Such a high-profile hearing comes at a time when the ICC finds itself under unprecedented pressure.
Furious at arrest warrants issued for Israeli Prime Minister Benjamin Netanyahu, the United States has slapped sanctions on top ICC judges and prosecutors.
The ICC is also lacking a chief prosecutor as Karim Khan has stepped down temporarily pending an investigation into sexual abuse allegations against him that he denies.
In October, the court dismissed Khan from working on the Duterte case, citing a "reasonable appearance of bias."
This will have little practical impact on the hearing as Khan would have been on leave anyway. -- AFP
