ICC rejects victims’ counsel’s request to use Tagalog in opening statement

MANILA — The International Criminal Court (ICC) Trial Chamber III has rejected the request of the Office of the Public Counsel for Victims (OPCV) to use Tagalog in its opening statement during the trial of former President Rodrigo Duterte.

During Monday’s pre-trial conference,  Presiding Judge Joanna Korner addressed the OPCV’s request regarding the use of Tagalog in its opening statement, saying this will help the victims relate more to what is being said.

OPCV Principal Counsel Paolina Massidda also said that Tagalog will only be used for about 15 minutes of the statement, which is expected to last for over an house.

Korner, however, reiterated that the working languages of the court are English and French, and there should be an exceptional reason to allow the use of other languages.

“The Statute, Rome Statute, is quite clear. The working languages of the court are English and French. Up until now, everyone’s accepted that. But suddenly, I say, there seems to be this fashion for asking for the use of one of the non-court languages,” Korner said.

“And for various reasons, there has to be a really exceptional reason why languages which is not one of the court languages should be used and there are going to be interpreters,” she also said.

Korner emphasized that whatever would be said in court will be interpreted in Tagalog, and a transcript will be available in the court’s website, so there is no need for it to be used in court.

“The question of Tagalog, it seems to me, is not the language of all of the victims in any event, because I gather some speak different languages…There will be interpretation, and we’ll make sure, if we can…ask for a translation into Tagalog, or a transcript in Tagalog to reproduce which is available on the court’s website,” she said.

“One of the problems is the moment we start to do this and applications come in and becomes much more complicated, and much more expensive,” Korner said.

“I’m afraid for a number of reasons, we are going to follow what the Rome Statute has mandated and it must all be in English,” she also said.

Aside from the language, the court also discussed other critical logistical issues, including timezone differences and the sitting schedule for the trial.

Monday’s hearing was the last status hearing for the parties and the court before the trial starts on November 30.

Duterte earlier waived his right to appear at the hearing, after previously attending the third and fourth status conferences.

Duterte faces three counts of crimes against humanity, with prosecutors alleging his involvement in at least 76 murders between 2013 and 2018 during his offensive against drug users and sellers.

The ICC has set November 30 as the start date of the trial, which could take months or even years.