Former President Rodrigo Duterte may not be able to post for bail when pre-trial for his case on alleged crimes against humanity during his war on drugs at the International Criminal Court (ICC) begins.

In a radio interview, Rodel Taton, an international law professor, said that due to the seriousness of Duterte’s crimes, the former president may not be able to post bail.

“There’s no bail unless there are exceptional causes that would warrant the release of the person like for example, hospital arrest,” Taton explained.

Ruben Carranza, a Senior Associate at the International Center for Transitional Justice, told ANC in a separate interview after Duterte arrives and is given medical examination, a confirmation of judicial charges will be scheduled.

''It usually happens in a matter of days, even weeks. It will be heard at the Pre-Trial Chamber. That is the chamber that issued the warrant of arrest involving Duterte,'' he said.

Carranza said the prosecutor will state what the charges are. ''If you look at what the charges are, the warrant was issued specifically for the crime against humanity of murder, charging Rodrigo Duterte for being an indirect perpetrator of murder.''

He said the prosecutor, Karim Khan, will read out the charges and submit the evidence ''to support the charges being made against him.'' This will be the same thing as arraignment, he added.

Taton also explained that the purpose for Duterte’s detention in The Hague is to enable the former president to attend pre-trial hearings and to prevent obstruction of justice.

“When a president faces a crime in the ICC and still has power over people, some evidence may disappear,” Taton adds.

Meanwhile, Kristina Conti, assistant to counsel of the ICC. said Duterte may apply for interim release to the ICC but must be able to prove why he needs it.

“Hospital or house arrest may be possible; he can file for such to the ICC pre-trial chamber. We’ll see if he’ll be allowed because it depends on case-to-case basis,” Conti said.

Various legal experts expect the trials for Duterte’s case to last between two to eight years, based on previous cases handled by the ICC. Yzabela Velez-White/DMS