ICC pre-trial chamber starts confirmation of charges hearing in Duterte case

The International Criminal Court (ICC) Pre-Trial Chamber I on Monday started the confirmation of charges hearings in the case of former President Rodrigo Duterte in connection with the killings under his war on drugs.

The ICC Prosecutor has charged Duterte with 3 counts of crimes against humanity (murder and attempted murder) while implementing his anti-narcotics campaign.

“I would like to remind the public that the charges… comprise allegations raised by the Office of the Prosecutor. That the chamber shall decide, that shall analyze in order to decide whether the evidence presented by the OCP is sufficient for these charges to be confirmed,” said Presiding Judge Iulia Antoanella Motoc.

The murders in Count 1 were allegedly perpetrated by members of the DDS in or around Davao City between 2013 and around 2016 while Duterte was mayor of Davao City and head of the DDS. These covers 19 victims alleged to be criminals, including 3 children.

Meanwhile, the murders in count 2 were allegedly perpetrated by members of the “National Network” across the Philippines during his presidency between 2016 and 2017. This covers 14 victims labelled as “high-value targets.”

Under Count 3, the alleged murders and attempted murders were perpetrated by members of the National Network inlocations across the country during his presidency between 2016 and 2018. This covers 45 victims.

The Prosecution alleged Duterte was “individually, criminally responsible” for all the counts of crimes against humanity as an “indirect co-perpetrator” and for “ordering and/or inducing the charged crimes.”  

As an indirect co-perpetrator, the Prosecution noted that “Mr. Duterte and his co-perpetrators shared a common plan to neutralize alleged criminals in the Philippines, including individuals perceived or alleged to be associated with drug use, sale, or production.”

The Prosecution also alleged Duterte for “offering financial incentives and promotions to police officers and hitmen to kill alleged criminals” and “making public statements authorizing, condoning, and encouraging killings of alleged criminals, both as a mayor of Davao City and as the President of the Philippines.” 

“At this stage of pre-trial proceedings, the OGP alleges that Mr. Duterte is responsible for the crimes… the Chamber shall not take any decision with regard to the guilt or innocence of Mr. Duterte during this hearing,” Motoc said.

“Indeed, the role of the Chamber is to determine whether there is sufficient evidence to establish substantial grounds to believe that Mr. Duterte committed the crimes with which he is charged,” she added. 

READ: DAY IN COURT: ICC Hearings on the Charges vs. Duterte 

Motoc said that if all or part of the charges are confirmed, the Chamber will refer the case to trial.

The Trial Chamber will then decide on Duterte’s innocence or guilt.

Duterte was not present during the hearing. He was represented by his counsel, Atty. Nicholas Kaufman, and others.

Duterte's camp previously argued that the ICC has no jurisdiction over the case. This was later denied by the ICC.

"The Philippines’ withdrawal from the Rome Statute became effective on 17 March 2019. When the former Prosecutor filed her request, and the Pre-trial Chamber issued its decision, more than two years later," the challenge read submitted by the Defense camp said.

"As a consequence, all procedural steps taken in the Situation and, subsequently, in the case against Mr Rodrigo Roa Duterte, lack legal foundation and should be nullified forthwith," it added.

Kaufman said Filipino lawyers Salvador Medialdea, Martin Delgra, Silvestro Bello III, Alfredo Lim, Cesar Dulay, and Salvador Panelo were present to express their support. The next hearings will be on February 24, February 26, and February 27. 

—LDF, GMA Integrated News