The criminal charge against former President Rodrigo Duterte before the International Criminal Court (ICC) could be expanded when the confirmation of charges hearing begins on 23 September, according to an ICC-accredited lawyer.

At present, Duterte faces a single charge for crimes against humanity, specifically murder, allegedly committed between 1 November 2011 and 16 March 2019.

However, Gilbert Andres, one of the five Filipino lawyers accredited by the ICC, indicated that additional charges could be filed if new evidence surfaces.

“Remember, the confirmation of charges is the stage where the prosecutor defines the scope of the final charges against Mr. Duterte. It is theoretically possible for the charge to include other crimes such as torture, arbitrary detention, or even rape,” Andres said in an interview.

He explained that the confirmation of charges serves to define the exact charges and their scope.

He noted that if the prosecution provides evidence of other offenses, such as torture and enforced disappearances, Duterte could face additional charges.

Under Article 7 of the Rome Statute, the treaty that established the ICC, crimes against humanity include offenses like murder, torture, rape, enforced disappearances, and other inhumane acts intentionally causing great suffering or serious injury to the body.

If evidence supporting any of these offenses is presented, the charge against Duterte could be expanded, Andres said.

Deadline for evidence

Both the prosecution and Duterte’s defense team have been given less than a month to submit their evidence ahead of the confirmation of charges hearing on 23 September. The ICC judges will then decide if the evidence is sufficient to proceed with a trial.

Duterte’s pretrial hearing took place on 14 March, three days after his arrest. Since then the prosecution has provided the ICC Pre-Trial Chamber I and Duterte’s camp with its 181 pieces of evidence, but they have until 4 April to submit additional documents.

Duterte’s defense team has until 11 April to submit its counter-evidence.

Duterte’s lead legal counsel, Nicholas Kaufman, has expressed hope the charges will be dismissed if they can show the court lacks jurisdiction over Duterte’s case.

Kaufman has echoed Duterte’s claim that he was “kidnapped” by the ICC, suggesting that there is a “compelling” reason to dismiss the case before it reaches trial.

Despite the Philippines’ withdrawal from the Rome Statute on 17 March 2019, the ICC has maintained jurisdiction over the crimes committed during Duterte’s anti-drug campaign before the country’s withdrawal.

The withdrawal came after the ICC launched a preliminary investigation into the anti-drug war, which saw over 6,000 deaths according to government data. Human rights organizations, however, estimated the death toll was over 30,000.

Duterte, now 80, is in ICC custody following his arrest on 11 March in Manila. He faces a charge of crimes against humanity related to 43 extrajudicial killings tied to his drug war, including those attributed to the Davao Death Squad when he was Davao City mayor.

Death toll disparity

Duterte’s daughter, Vice President Sara Duterte, a lawyer, has questioned the accuracy of the prosecution’s number of 43 victims, citing the disparity between this figure and the 30,000 alleged deaths. She argued that the prosecution must provide the names of the 30,000 victims to support their claim of widespread and systematic killings.

However, the lawyers representing the families of the drug war victims clarified that the 43 cases were not the limit of the charges, but merely a sample to issue the arrest warrant.

ICC spokesperson Dr. Fadi El Abdallah explained that the charges could increase depending on the progress of the judicial process.

“This doesn’t mean that these are the only incidents that may be included in the charge. These were a sample of incidents sufficient to sustain the charge of murder as a crime against humanity for the purpose of issuing an arrest warrant,” he said.

“The confirmation of charges hearing in September will look deeper, and after hearing the defense, the judges will decide whether the case should go to trial,” El Abdallah added.

Further, El Abdallah said the prosecution may request additional cases and witnesses, subject to the approval of the ICC judges.

Meanwhile, Andres said potential witnesses who would testify at the trial are being carefully selected and vetted. He said only two or three witnesses might be presented during the trial. Discussions are ongoing with the families of the victims, and a timetable is being established for the proceedings, he added.

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He explained that the confirmation of charges serves to define the exact charges and their scope.

He noted that if the prosecution provides evidence of other offenses, such as torture and enforced disappearances, Duterte could face additional charges.

Under Article 7 of the Rome Statute, the treaty that established the ICC, crimes against humanity include offenses like murder, torture, rape, enforced disappearances and other inhumane acts intentionally causing great suffering or serious injury to the body.

If evidence supporting any of these offenses is presented, the charge against Duterte could be expanded, Andres said.

Deadline for evidence

Both the prosecution and Duterte’s defense team have been given less than a month to submit their evidence ahead of the confirmation of charges hearing on 23 September. The ICC judges will then decide if the evidence is sufficient to proceed with a trial.

Duterte’s pretrial hearing took place on 14 March, three days after his arrest. Since then the prosecution has provided the ICC Pre-Trial Chamber I and Duterte’s camp with its 181 pieces of evidence, but they have until 4 April to submit additional documents.

Duterte’s defense team has until 11 April to submit its counter-evidence.

Duterte’s lead legal counsel, Nicholas Kaufman, has expressed hope the charges will be dismissed if they can show the court lacks jurisdiction over Duterte’s case.

Kaufman has echoed Duterte’s claim that he was “kidnapped” by the ICC, suggesting that there is a “compelling” reason to dismiss the case before it reaches trial.

Despite the Philippines’ withdrawal from the Rome Statute on 17 March 2019, the ICC has maintained jurisdiction over the crimes committed during Duterte’s anti-drug campaign before the country’s withdrawal.

The withdrawal came after the ICC launched a preliminary investigation into the anti-drug war, which saw over 6,000 deaths according to government data. Human rights organizations, however, estimated the death toll was over 30,000.

Duterte, now 80, is in ICC custody following his arrest on 11 March in Manila. He faces a charge of crimes against humanity related to 43 extrajudicial killings tied to his drug war, including those attributed to the Davao Death Squad when he was Davao City mayor.

Death toll disparity

Duterte’s daughter, Vice President Sara Duterte, a lawyer, has questioned the accuracy of the prosecution’s number of 43 victims, citing the disparity between this figure and the 30,000 alleged deaths. She argued that the prosecution must provide the names of the 30,000 victims to support their claim of widespread and systematic killings.

However, the lawyers representing the families of the drug war victims clarified that the 43 cases were not the limit of the charges, but merely a sample to issue the arrest warrant.

ICC spokesperson Dr. Fadi El Abdallah explained that the charges could increase depending on the progress of the judicial process.

“This doesn’t mean that these are the only incidents that may be included in the charge. These were a sample of incidents sufficient to sustain the charge of murder as a crime against humanity for the purpose of issuing an arrest warrant,” he said.

“The confirmation of charges hearing in September will look deeper, and after hearing the defense, the judges will decide whether the case should go to trial,” El Abdallah added.

Further, El Abdallah said the prosecution may request additional cases and witnesses, subject to the approval of the ICC judges.

Meanwhile, Andres said potential witnesses who would testify at the trial are being carefully selected and vetted. He said only two or three witnesses might be presented during the trial. Discussions are ongoing with the families of the victims, and a timetable is being established for the proceedings, he added.