Duterte names Medialdea as ICC counsel

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Cristina Chi - Philstar.com

March 14, 2025 | 2:07pm

In this March 30,2017 photo, President Rodrigo Duterte speaks with Executive Secretary Salvador Medialdea during the awarding ceremony of the Go Negosyo’s Inspiring Filipina Entrepreneurs 2017 at the Rizal Hall in Malacañan Palace.

Presidential photo / Richard Madelo, File photo

MANILA, Philippines — Former president Rodrigo Duterte has handpicked former Executive Secretary Salvador Medialdea as one of his legal counsels at the International Criminal Court, where he is set to face the court in an initial appearance hearing late Friday (Philippine time), March 14.

Medialdea accompanied Duterte on the chartered flight that brought the former president to The Hague, Netherlands on Wednesday, March 12, after which Duterte was swiftly taken into custody by the international tribunal. 

Duterte was arrested by local authorities acting on an Interpol red notice alert at the Ninoy Aquino International Airport on Tuesday after arriving from Hong Kong. The ICC arrest warrant was issued for Duterte in connection to his crimes against humanity case for his brutal anti-illegal drugs campaign. 

An ICC document notifying Duterte of his appearance before the Pre-Trial Chamber I shows that Duterte requested Medialdea to be one of his counsels. The former president also asked for the assistance of the ICC's Office of Public Counsel for the Defence. 

The Office of Public Counsel for the Defence is an independent body within the ICC that promotes and represents the rights of the defence. It provides legal support to defendants and their teams, ensuring an "equality of arms" throughout all stages of investigation and trial. The office consists of specialized lawyers who can provide immediate legal assistance to defendants while maintaining independence in their substantive functions.

"On 13 March 2025, Registry representatives visited Mr Duterte in in relation to his initial appearance before Pre-Trial Chamber I where he indicated that he wishes to be assisted at said appearance by Mr Medialdea," the document read.

"He also confirmed orally, to the Registry representatives, that he wishes to have the assistance of the Office of Public Counsel for the Defence for the purposes of the initial appearance in addition to Mr Medialdea," it added.

What came before. Duterte is facing a crimes against humanity charge at the international tribunal in connection to the thousands killed during his so-called war on drugs, first when he was Davao City mayor, and then later during his presidency.

In its first official statement since Duterte was arrested and transferred to The Hague, the ICC Office of the Prosecutor alleged that Duterte is "criminally responsible for the crime against humanity of murder" committed in the Philippines between November 2011 and March 2019. 

Duterte is accused of these crimes "as founder and head of the Davao Death Squad, then Mayor of Davao City, and subsequently as the President of the Philippines."

"Mr Duterte is alleged to have committed these crimes as part of a widespread and systematic attack directed against the civilian population," the ICC prosecutor said.

The Pre-Trial Chamber I issued the arrest warrant for Duterte on March 7, determining that "there are reasonable grounds to believe that Mr. Duterte bears criminal responsibility for the crime against humanity of murder."

First appearance. The first hearing scheduled Friday evening (Philippine time) is only meant to inform Duterte of the charges against him and his rights as a "suspect," among others.

Specifically, the court will hold the initial appearance hearing to:

  • Verify the identity of the suspect
  • Inform the suspect of the charges against them
  • Advise the suspect of their rights under the Rome Statute
  • Determine the language to be used in the proceedings and whether the suspect understands English

After the first appearance, the process will proceed with the following steps:

  • Confirmation of charges
  • Trial
  • Verdict
  • Sentence
  • Appeals
  • Reparations

Duterte's last words before trial. The former president said in a livestreamed video on Facebook on Wednesday that he takes full responsibility for "whatever happened in the past."

The former president said he expects to face a "long, legal proceeding." — with reports by Dominique Flores

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