Fact check: Can ICC impose death penalty on Duterte?

MANILA, Philippines (First Published Feb. 11, 12 a.m.) — Contrary to the claim of President Rodrigo Duterte, the International Criminal Court would not be able to sentence him to death by firing squad should it find him guilty of crimes against humanity.

Under the Rome Statute that created the ICC, the international court can only impose a sentence of imprisonment on an accused found guilty of committing serious crimes such as genocide, war crimes and crimes against humanity.

“Consistent with international human rights standards, the ICC has no competence to impose a death penalty. The court can impose lengthy terms of imprisonment of up to 30 years or life when so justified by the gravity of the case,” read a briefer on the ICC released by the UN.

“The court may, in addition, order a fine, forfeiture of proceeds, property or assets derived from the committed crime,” it added.

READ: ICC to set initial review of accusations vs Duterte, drug war

Based on the Statute, a term of life imprisonment may only be imposed when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

“In determining the sentence, the court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person,” it read.

“In imposing a sentence of imprisonment, the court shall deduct the time, if any, previously spent in detention in accordance with an order of the court. The court may deduct any time otherwise spent in detention in connection with conduct underlying the crime,” it added. 

On the issue of death penalty, the UN maintained that capital punishment is not the only way to deter the commission of serious crimes.

“Deterrence is brought about by the entire criminal justice process from investigation, followed by prosecution, trial, delivery of the judgment, sentencing and punishment. The publicity associated with a trial will have an additional deterrent effect,” the international body said.

READ: Explainer: What will happen to the case vs Duterte at ICC?

On Friday, Duterte challenged the ICC to sentence him to death should it find him guilty of committing crimes against humanity.

“I welcome you and if you want to find me guilty, so be it. Find a country where they killed people with a firing squad. And I’m ready,” he was quoted as saying.

“If you haul me into a rigmarole of trial… no need. Go ahead and proceed in your investigation. Find me guilty, of course, you can do that. I do not want imprisonment,” he added.

The president said he welcomes the preliminary examination being readied by ICC Prosecutor Fatou Bensouda, maintaining that the government’s war on drugs did not violate any law.