Duterte ICC Case: Defense Setbacks Ahead of Confirmation of Charges Hearing

Duterte Faces ICC Setbacks Ahead of Confirmation of Charges Hearing

The defense team of former Philippine President Rodrigo Duterte has suffered two setbacks as it prepares for a key confirmation of charges hearing at the International Criminal Court (ICC) in The Hague, Netherlands. The hearing, scheduled to begin on February 23rd, will determine whether the court believes prosecutors have presented sufficient evidence to proceed to a full trial concerning allegations of crimes against humanity.

In a unanimous ruling, the Pre-Trial Chamber I denied the defense’s request to compel the prosecution to disclose further identifying information about witnesses and to submit less-redacted versions of key documents, including the Document Containing the Charges and the Pre-Confirmation Brief. The judges ruled that existing redactions, designed to protect the safety and dignity of victims and witnesses, appropriately balance the principle of public proceedings with the court’s obligations under the Rome Statute.

The chamber also rejected a defense request to disqualify the external legal representatives of victims of Duterte’s drug war, finding that the defense failed to adequately demonstrate any conflict of interest or legal impediment that would warrant their removal. The legal representatives include attorneys Nicole Arcaina, Joel Butuyan and Gilbert Andres.

Duterte will not participate in the hearing, either in person or remotely, having waived his right to be present. He has previously rejected the ICC’s jurisdiction and cited health concerns as reasons for his absence.

The ICC investigation centers on alleged extrajudicial killings that occurred from November 2011, during Duterte’s time as mayor of Davao City, through March 2019, before the Philippines formally withdrew from the Rome Statute. Prosecutors are examining allegations related to the killings of approximately 78 specific victims identified in the Document Containing the Charges, though they have clarified Here’s a non-exhaustive list.

The charges against Duterte include three counts of crimes against humanity: murder and attempted murder related to killings in or around Davao City during his mayoral period; murders of “high-value targets” during his presidency; and murders and attempted murders during barangay clearance operations also during his presidency. The prosecution alleges these crimes were committed as part of a “widespread and systematic attack against the civilian population in the Philippines.”

Despite the setbacks, the ICC judges have approved requests from both the defense and the prosecution to expand their respective lists of evidence. The defense was permitted to add 108 items, while the prosecution was allowed to introduce 14 additional items into the record. The defense argued the added materials were highly relevant to the case, while prosecutors stated they had no objections to the inclusion of their requested items.

Official Philippine government statistics indicate at least 6,000 deaths occurred during police operations related to Duterte’s anti-drug campaign, known as Oplan Tokhang. However, human rights organizations estimate the actual death toll may be as high as 30,000, including victims of vigilante-style killings.

The Nagkaisa Labor Coalition welcomed the developments in the ICC proceedings, stating that accountability is “a legal and moral duty shared not only by the Philippines but by all nations.” They emphasized that crimes against humanity violate international law and create obligations owed to all of humanity.