In 2016, The Hague wasn’t just some far-away city, a place to check out on our travel list. It became the stuff of our national conversation when the Philippines won its maritime case against China, the historic decision coming from an international arbitration court based there. At times, we simply referred to the court as The Hague, a convenient shortcut.
The name of the city somehow stuck with us, as if the distance to it was bridged by a legal milestone in our maritime dispute with China. Although separated by oceans, we are connected to the ethos of the city, widely recognized as the international legal capital. Our aspirations for justice, for a developing country to get fair treatment in the international courts, has welded us to the city.
The Hague is not only the seat of the Permanent Court of Arbitration. It hosts the International Criminal Court (ICC), the Hague Academy of International Law, and the International Court of Justice.
I first visited the city in 2017 to do research for my book tracing the Philippines’ victory against China. It was at the iconic Peace Palace where the international arbitration court conducted public hearings and deliberated our case for three years, from 2013 to 2016.
More than a century old, the majestic Peace Palace stands on sprawling grounds sculpted with gardens and fountains. Inside, at the Great Hall of Justice, was where the oral hearings on the “Philippines vs China” case were held. A mural depicting lawyers arguing before Justice and bringing forth Peace to a troubled world hung on the wall, dominating the largest room in the Palace.
The huge painting overlooked a long table occupied by five judges in dark suits — all scholars on the law of the sea — who presided over the hearings. The elegant hall with stained-glass windows was brightly lit by chandeliers.
The Philippines chose The Hague to hold the hearings, underscoring the symbolism of the Peace Palace, a “temple of peace where the doors are open.”
Duterte in the ICC
Today, our sights are once more trained on The Hague as former president Rodrigo Duterte, the newest resident of the ICC Detention Center, is set to face trial for the case of crimes against humanity. As soon as he became president in 2016, he lost no time in waging a violent drug war, continuing his murderous reign when he was mayor of Davao. A year later, the first two complaints alleging his commission of crimes were filed with the ICC.
In a historic moment that caught us by surprise, the ICC issued a warrant of arrest that was swiftly implemented. Duterte’s departure from Manila via a chartered jet was the most watched flight, based on social media posts. His arrival was chronicled in detail, from the plane landing in Rotterdam to his car entering the iron gates of the ICC Detention Center.
In 2019, on my second visit to The Hague, the ICC was already on our minds: It was the year our withdrawal from the ICC took effect. Duterte unilaterally withdrew from the Rome Statute, the founding treaty of the ICC, in 2018, furious that it was starting a probe into the complaint filed against him. He said it was violating due process. Still, the ICC continued to gather evidence covering the period until the Philippines was a member.
I joined a guided tour of the ICC, curious about this institution that was much talked about in our country. I had no expectation that, many years later, Duterte would be behind bars there, thanks to the ICC.
Unlike the Peace Palace, the building of the ICC is a modern structure. Built in 2015, it stands at the edge of The Hague, rising from the rolling dune landscape. The main entrance, a stand-alone podium, is surrounded by tall glass walls, connected to the courtroom tower by a bridge. Six buildings form the ICC compound, surrounded by a moat.
We visited one of the courtrooms. We were brought to a balcony which served as the public gallery and, through a looking glass, we had a clear view of the courtroom. I remember that we were not allowed to take photographs.
Bjarne Hammer, the architect who designed the building, said: “You could say that everything that happens in this building is awful. It’s about torture, killing people, and the most horrible acts of war.” Thus, he wanted the architecture, the gardens, “everything to underline hope…and have transparency to show the fairness of what they do.”
Hope is what we hold on to these days; hope that the justice that has eluded thousands of Duterte’s drug war victims will finally come true.
Months from now, in September, Duterte will face the court in a pre-trial hearing called confirmation of charges. The judges will determine if there is substantial evidence that Suspect Duterte committed the crime. If so, the next step will be the commencement of the trial.
We expect a fair trial from the ICC, one that will give the Philippines a second win from the city of our dreams.
Let me know what you think. You can email me at marites.vitug@rappler.com.
Till next time!