Too candid for comfort

An international law expert surmised that the defense panel in the recent confirmation of charges hearing at the International Criminal Court (ICC) deliberately did not allow former President Rodrigo Duterte to attend, or he might have ended up admitting all the allegations against him.

Duterte might have confessed to the alleged killings as he is wont to do. “This is just an opinion, but it may be one reason why the defense did not want to present him in court or allow him to speak — perhaps because he might stand up and repeat the things he has said in the past,” the lawyer snickered to Nosy Tarsee.

The ICC prosecutors repeatedly cited Duterte’s own recorded speeches to establish his accountability for the extrajudicial killings linked to the war on drugs during his term.

The prosecution used documentary and recorded evidence to show that “Duterte appeared to encourage and mandate the police to take shortcuts,” which purportedly led to the large number of deaths instead of arrests.

The documentation also sought to indicate that the killings were widespread and carried out without due process, including the lack of proper investigations, case filings, and court proceedings.

To establish crimes against humanity, the prosecution must prove that the killings were widespread, directed against a civilian population such as drug users, and carried out through an organization, scheme, or system.

The idea that if there were 10,000 cases, all 10,000 must be presented to prove the president’s involvement was misplaced.

“That is not how crimes against humanity work,” the expert held.

Duterte faces three charges: alleged murders committed by the Davao Death Squad; killings of high-value targets; and murders and attempted murders linked to barangay clearance operations.

The ICC chamber has 60 days to issue its decision on whether the case will proceed to trial.