ICC Registry recommends victim admission process in Duterte case

The International Criminal Court (ICC) has released to the Pre-Trial Chamber 1 its observations in relation to the participation of victims in the war on drugs implemented by former president Rodrigo Duterte.

In a document dated April 2, 2025, Division of Judicial Services director Marc Dubuisson, on behalf of ICC Registrar Osvaldo Zavala Giler, presented observations on the following matters:

• the admission process for applicants seeking to participate in proceedings; 
• application forms; 
• identity documents; and 
• legal representation of victims.

According to the Registry, the Victims Participation and Reparations Section (VPRS) recommended the adoption of the standard victim admission process known as the “A-B-C Approach,” which is being followed by various ICC Chambers in recent cases.

According to the ICC website, in the "A-B-C Approach" the Registry classifies the applicants into three categories:

• Group A - applicants who clearly qualify as victims;
• Group B - applicants who clearly do not qualify as victims; and
• Group C - applicants for whom the Registry could not make a clear determination for any reason.

“The A-B-C Approach offers practical benefits, as observed in the aforementioned proceedings. This equally applies to the present proceedings. It allows the parties and the Chamber to focus on pre-assessed unclear or ambiguous issues arising from victim applications in a grouped fashion,” the Registry said.

“Importantly, the A-B-C Approach prioritizes meaningful victim participation while safeguarding the victims’ well-being and dignity without causing undue delays,” it added.

The Registry also suggested that the timing for the submission of the Document Containing the Charges (DCC) on the case record be taken into account when setting the VPRS transmission deadlines, “providing sufficient time for the VPRS to collect and submit victim applications after the submission of the DCC.”

The VPRS likewise sought for the Chamber’s approval to employ a “household” form in addition to an individual form.

“This form would enable all indirect victims within the same household, where members of the group have suffered personal harm resulting from the killing of the same direct victim(s), to jointly complete one form. The VPRS envisages that the household form would be used by family members—such as nuclear or extended families—as well as individuals who are not blood-related, but can demonstrate sufficient proximity with the direct victim of murder,” the Registry said.

It also recommended the Chamber to accept certain documents as proof of identity for applicants and persons acting on their behalf, raising concerns that not all Filipinos have national ID cards and birth certificates available.

Moreover, the Registry suggested that the issue of legal representation of applicants be addressed by:

• allowing lawyers who were appointed by applicants, in victim application forms for participation or through powers of attorney, to make submissions before the Chamber until common legal representation in the Case has been decided;
• appointing the OPCV to represent the general interest of applicants who have not designated a legal representative until common legal representation in the Case has been decided

Last week, the Office of the Prosecutor disclosed to the ICC Pre-Trial Chamber 1 and Duterte's defense team the evidence for the crimes against humanity charges filed against him. 

In the Prosecution's First Communication of the Disclosure of Evidence dated March 24, Prosecutor Karim A.A. Khan said that, on March 21, "the prosecution disclosed to the defense 181 items organized under Pre-Confirmation INCRIM package 001, listed in Confidential Annex A."

Duterte is currently in detention at the ICC prison at The Hague, Netherlands to face charges of crimes against humanity for his deadly war on drugs.

The deaths reached around 6,000 based on police records, but human rights groups contend that the deaths were as much as 30,000, including vigilante killings. — BM, GMA Integrated News