Filipino Former ICC Judge Explains Why the Pre-Trial Hearing Is Actually for Duterte's Benefit — Not the Prosecution's

Former International Criminal Court Judge Raul Pangalangan — the first and only Filipino to ever sit on the ICC bench — dropped a take on Monday that might surprise both Duterte's supporters and critics: the confirmation of charges hearing that kicked off this week is actually designed to protect the accused, not to convict him.

"This is for the benefit of Rodrigo Duterte, that the charges will have to be approved by a judicial authority — the pre-trial chamber consisting of three judges. So it is beneficial to the accused," Pangalangan told GMA Integrated News. He likened it to a Philippine preliminary investigation, but with an extra layer of judicial oversight that doesn't exist in the local system.

Pangalangan broke down the mechanics: the ICC prosecution needs to satisfy the pre-trial chamber through a Document Containing the Charges (DCC), which is equivalent to an "information" in Philippine courts or an "indictment" in other jurisdictions. The prosecution must prove not just that killings happened under a "common plan," but also establish Duterte's role as an "indirect co-perpetrator" — essentially, the mastermind rather than the triggerman.

"It's a big debate: he's not the hitman, he's not the gunman. So who's more guilty — the gunman or the mastermind?" Pangalangan posed. This question of attribution — proving that Duterte directed the killings even without pulling the trigger himself — is the prosecution's biggest challenge over the four-day hearing.

As for Duterte's decision to boycott the proceedings, the former judge said it won't matter legally. The ICC rules specifically anticipate the possibility of the accused not attending, and the hearing can proceed without him. The four-day schedule continues on February 24, 26, and 27, after which judges have 60 days to decide whether to send the case to a full trial.

Source: GMA News