Duterte faces growing ICC scrutiny as more victims speak up

At least ten individuals, either victims or their relatives, have expressed their intent to have their names added to the 30,000 reported casualties of the notorious bloody drug war of former President Rodrigo Duterte, one of the legal counsels for the victims of extrajudicial killings (EJK) disclosed Monday.

Lawyer Kristina Conti, International Criminal Court (ICC) assistant to counsel, stated in an interview that although some kin of the victims have been experiencing “online harassment” and “bullying” since coming forward, there are still a few who wish to be part of the crimes against humanity case that Duterte is facing before the ICC regardless.

“There are many victims who are already members of Rise Up for Life and for Rights. However, there are around ten who have messaged us to be added to the list of 30,000. To my understanding, it's not just for the list but for the case. So we will process it,” she explained in Filipino.

The application process for the victims and witnesses has yet to be opened, according to Conti. She clarified that eyewitnesses or the “premium” witnesses can also apply under a separate category.

The 80-year-old Duterte remains in ICC custody following his arrest on 11 March in Manila upon his return from Hong Kong. He is facing charges of crimes against humanity for 43 EJKs under his war on drugs, including those carried out by the Davao Death Squad when he was still the Davao City mayor between 1 November 2011 and 16 March 2019.

Duterte’s daughter, Vice President Sara Duterte, who is a lawyer herself, had questioned the veracity of the prosecution’s evidence, underscoring the need to present the names of all the 30,000 victims of the drug war. She argued that failure to do so would belie the allegations of widespread and systematic killings.

To recall, the government logged only over 6,000 deaths. Rights groups, however, estimate that the actual death toll could reach as high as 30,000, affecting predominantly low-income families and communities.

Conti, on the contrary, contended that it’s “not necessary” to name all the 30,000 victims in the case.

“It can be up to 30,000 but it does not have to be disclosed to prove the element of the case. It is only necessary to prove that the attacks on the civilian population were widespread and systematic,” she averred.

Earlier, ICC spokesperson Dr. Fadi El Abdallah explained that the 43 cases are only a “sample” and may still 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 that are related, that were, for the purpose of issuing an arrest warrant, sufficient from the point of view of the judges, to sustain the charge of murder as a crime against humanity,” he pointed out.

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

However, ICC-accredited lawyer Gilbert Andres has projected that it could be augmented if the prosecution presents an additional set of evidence when the confirmation of charges hearing begins on 23 September.

British-Israeli lawyer Nicholas Kaufman, Duterte’s lead legal counsel, had confirmed that the defense team has been finalized, with former presidential spokesperson Harry Roque — one of five Filipino lawyers accredited by the ICC — not being part of it.

In addition, he also disclosed that the application for the temporary release of Duterte pending his trial is already in the works, a move that the lawyers of the drug war victims have warned they will strongly oppose.

They asserted that keeping Duterte in ICC detention is necessary to ensure that he will not pose a danger or threat to the victims and witnesses of his bloody war on drugs.

Under Article 60 of the Rome Statute, the treaty that established the ICC, a person subject to an arrest warrant may apply for interim release pending trial, subject to the conditions set forth by the international tribunal.

This includes the assurance of his or her appearance at trial, not obstructing or endangering the investigation or court proceedings, and refraining from committing the alleged crimes or offenses being heard before the ICC.

However, if the court finds that these conditions are not met, it shall deny the release, with or without conditions.