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NewsTranscript
00:00Three female judges will handle the pre-trial stage of the case of former President Rodrigo Duterte in the International Criminal Court.
00:08And if the trial of former President Duterte will continue, it is possible that he will be the first Asian head of state to be tried by the ICC.
00:19Witness, Mackie Polido.
00:21A few days ago, the International Criminal Court confirmed the arrest warrant issued by the pre-trial chamber 1 against former President Rodrigo Duterte.
00:35The case he is facing, murder as a crime against humanity, was carried out in the Philippines between November 1, 2011 to March 16, 2019.
00:46According to the ICC, when a suspect is put in ICC custody, his initial appearance hearing will be scheduled.
00:53This is part of the pre-trial stage, where three pre-trial judges will confirm the identity of the suspect and verify that he understands the case against him.
01:03After the prosecution, defense, and legal representative of the victims, the judges will decide if there is sufficient evidence to continue the investigation.
01:12According to the ICC, this usually happens within 60 days.
01:17Three women with long experience in the field of judicature and human rights law are the judges in the pre-trial chamber 1 that is currently handling Duterte's case,
01:26according to the website of the ICC.
01:28If the case continues, the trial chamber will be formed and new judges will be appointed.
01:34In the trial stage, the prosecution needs to prove that the accused is guilty beyond reasonable doubt.
01:40The sentence can reach up to 30 years in prison, but sometimes the sentence can be a life sentence.
01:48The decision can be appealed.
01:50Reparation or damages can also be ordered for the victims.
01:54While the accused is being tried, it can be applied for interim release.
01:59If rejected, he can be reviewed every 120 days.
02:03The average time or period of hearing in the ICC is 8 years.
02:09One of the longest is 10 years.
02:11But one of the fastest is 2 years.
02:15It also depends on how angry he is or how much Duterte Camp will contest the charges against him.
02:22Four heinous crimes are in the jurisdiction of the International Criminal Court.
02:27Genocide, war crime, crime of aggression, and crimes against humanity.
02:32This is what former President Rodrigo Duterte is facing.
02:36The ICC does not prohibit the regular courts of states.
02:41This will only be included in the scene if the state does not move or if the individuals behind heinous crimes are not truly responsible.
02:50The ICC is not actually meant to try all sorts of crimes.
02:56It's not a substitute to domestic courts.
03:00His mandate is only to try the heinous, the most heinous crimes against humanity.
03:08In March 2019, during the administration of Duterte, the Philippines withdrew from the Rome Statute.
03:14But according to the International Criminal Court,
03:17because non-committed crimes were committed while the Philippines was still a member, the ICC still has jurisdiction over the case.
03:24There is a provision in the Rome Statute, Article 127,
03:28If the withdrawal has already started before it became effective, it will not move or continue.
03:34Otherwise, it's easy to escape because you will just withdraw.
03:39If the former president's litigation continues in the detention center of the ICC,
03:43he will be detained on the outskirts of The Hague in the Netherlands.
03:47But if he is sentenced, he will not be imprisoned there.
03:51According to the ICC, the sentence will be served to the state that was appointed by the court
03:56from the list of states that allowed the arrest of convicted individuals.
04:01The ICC is here in Salalay, in its member states.
04:05There are volunteers there.
04:07They can volunteer as a penal facility or their view corp.
04:12Because we are no longer members, we lost the chance to volunteer as believed.
04:17For GMA Integrated News, I'm Mackie Pulido.
04:20Saksi!