The defense team of former Philippine president Rodrigo Duterte has encountered setbacks ahead of a key confirmation of charges hearing at the International Criminal Court (ICC) in the Netherlands. The hearing is scheduled to begin on February 23.
Defense Requests Denied
Pre-Trial Chamber I unanimously denied the defense’s requests 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. Earlier, the chamber also rejected a defense request to disqualify the external legal representatives of victims of Duterte’s drug war, finding that the defense did not demonstrate a conflict of interest or legal impediment.
Judges Presiding Judge Iulia Antoanella Motoc, Reine Alapini-Gansou, and Maria del Socorro Flores Liera ruled that redactions protecting the identities of victims and witnesses appropriately balance public proceedings with the court’s obligation to ensure safety and dignity. The judges stated that a public trial does not guarantee access to all case details if doing so would endanger individuals involved.
The prosecution and the Common Legal Representatives for Victims had supported maintaining confidentiality for sensitive information. The chamber also rejected a defense request to compel the prosecution to disclose the whereabouts and availability of witnesses.
Evidence Lists Expanded
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 add 14. These additions were approved due to their relevance to the charges and the absence of objection from either party.
Counsel Nicholas Kaufman, leading Duterte’s legal team, argued the additional materials were relevant to the case. The defense noted that six items had been previously disclosed and were now considered essential. Prosecutors agreed not to object to the inclusion of the 14 additional items they sought to introduce.
The confirmation of charges hearing will determine if there are substantial grounds to believe Duterte committed crimes against humanity in connection with killings linked to his anti-drug campaign, both as mayor of Davao City and as president. Duterte faces three counts of crimes against humanity tied to drug war deaths between 2011 and 2019 and has waived his right to attend the hearing, citing his rejection of the ICC’s jurisdiction and health concerns.
The chamber also rejected the defense’s attempt to disqualify three Filipino attorneys – Nicole Arcaina, Joel Butuyan, and Gilbert Andres – who represent victims in the case, finding the arguments “speculative and hypothetical.”
Background on the Investigation
The ICC’s investigation encompasses alleged extrajudicial killings that occurred from November 2011, while Duterte was mayor of Davao City, until March 2019, before the Philippines’ withdrawal from the Rome Statute. Official Philippine government statistics report at least 6,000 deaths during police operations related to Duterte’s anti-drug campaign, Oplan Tokhang, while human rights organizations estimate the death toll may be as high as 30,000.
The Nagkaisa Labor Coalition welcomed the developments in the proceedings, stating that accountability is a “legal and moral duty shared not only by the Philippines but by all nations.”
Frequently Asked Questions
What is the purpose of the confirmation of charges hearing?
The confirmation of charges hearing, beginning on Feb. 23, will determine if the court finds that the prosecutor has gathered enough evidence to go to trial.
Why did the ICC deny the defense’s request to disqualify the victims’ legal representatives?
The chamber described the defense arguments as “speculative and hypothetical,” and said it failed to demonstrate any conflict of interest or legal impediment that would warrant their removal.
What is the timeframe of the ICC’s investigation into alleged crimes against humanity?
The ICC’s investigation encompasses alleged extrajudicial killings that purportedly occurred from November 2011, while Duterte was serving as mayor of Davao City, until March 2019.
What implications might the outcome of this hearing have for international justice and accountability?
