Can Duterte request bail, strike plea bargain at ICC?

GOTCHA

- JARIUS BONDOC

What are Rodrigo Duterte's and co-respondents' options at the International Criminal Court? Can Duterte seek "interim release?" After all, his trial will begin six months from now on Sept. 23.

Yes he can, former ICC judge Raul Pangalangan says.

But ICC may have reservations due to bad experience. It granted Kenya President Uhuru Muigai Kenyatta provisional release. He did return for trial. But witnesses against him vanished. ICC prosecutors withdrew charges of crimes against humanity.

Can Duterte strike a plea bargain? ICC rules make no mention of plea bargains such as those openly made in courts of some member-states.

Pangalangan handled one such case as president of a trial chamber. The prosecutors made no mention of plea bargaining, but it was obvious in the sequence of events and presentation of arguments.

Can Duterte's co-respondents now cause the filing of criminal charges against themselves in Philippine courts, if only to elude ICC jurisdiction?

ICC will determine if such case is genuine and moving in court, says Pangalangan. If ICC finds out the fakery, it can order arrest.

Why is Duterte's trial six-long months from now?

The three judges who set the date comprise a pre-trial chamber. Their job was only to assess preliminary evidence, issue a warrant if necessary and determine if the right person was arrested.

A permanent trial chamber will hear the case, Pangalangan says.

To date, no criminal case has been filed in any Philippine court against Duterte for extrajudicial killings during his presidency.

This implies failure of justice. So the ICC stepped in.

Who's to blame? Retired Supreme Court justice Antonio Carpio explains "the elements of our justice system:"