Duterte at ICC: Prosecution must establish criminal intent —expert 

The International Criminal Court (ICC) Prosecution must be able to establish criminal intent in the crimes against humanity case of former President Rodrigo Duterte in relation to his administration's bloody drug war, an international law expert said on Tuesday. 

“They need to establish, number one, yung pinaka importante kasi is yung criminal intent, yung sinasabi natin sa law na mens rea—yung criminal mind na dapat at the time that you participated in the commission of these acts, either indirectly or directly as an indirect perpetrator, dapat may criminal intent ka,” Ralph Sarmiento said in an interview with GMA Integrated News as the confirmation of charges hearing was underway at the ICC in The Hague.

(They need to establish—and this is the most important part—the criminal intent, what we call in law mens rea. It is the criminal mind; at the time you participated in the commission of these acts, whether indirectly or directly as an indirect perpetrator, you must have had criminal intent.) 

Sarmiento pointed out that the Prosecution must be able to establish that Duterte was also aware of the killings. 

“Sa Rome Statute, when you say criminal intent or mens rea, it is a combination of intent and knowledge. So ‘yun yung kailangan i-establish ng prosecution, na they should be able to establish na may intent and at the same time, may knowledge,” he said.

(That is what the prosecution needs to prove: they must be able to establish that there was intent and, at the same time, knowledge.) 

“So insofar as intent is concerned, they are trying to establish through his words, through his rhetoric, na parang talagang these were directed na he meant to engage in this particular conduct,” he added. 

(Insofar as intent is concerned, they are trying to establish through his words, through his rhetoric, that these [acts] were truly directed—that he meant to engage in this particular conduct.) 

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

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.” 

The Prosecution also accused Duterte for “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.” 

Further, Sarmiento said the Prosecution should be able to establish the link between Duterte’s rhetoric and the killings, wherein up to 30,000 killed per human rights organizations. 

“Ultimately, okay so now may intent at may killings na nangyari, what the Prosecution needs to establish now is the link. Yung mga statements ba na ‘yun ang talagang nag-cause or may direct relation ba sila to the killings? Conversely, can we say na the killings are attributable or caused by the statements?” he said. 

(Ultimately, okay, so now there is intent and there are killings that occurred; what the Prosecution needs to establish now is the link. Did those statements actually cause or have a direct relation to the killings? Conversely, can we say that the killings are attributable to or caused by the statements?) — BM, GMA Integrated News