ICC spox: 43 EJK cases in PH just a sample, more may be presented | ABS-CBN
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ICC spox: 43 EJK cases in PH just a sample, more may be presented
ICC spox: 43 EJK cases in PH just a sample, more may be presented
Published Apr 02, 2025 01:16 AM PHT
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Updated Apr 02, 2025 01:28 PM PHT
The 43 alleged extrajudicial killings in the Philippines during the Duterte drug war in connection with the crimes against humanity case against ex-president Rodrigo Duterte are just a sample, the spokesman of the International Criminal Court said Tuesday, saying more cases may be presented in court.
The 43 alleged extrajudicial killings in the Philippines during the Duterte drug war in connection with the crimes against humanity case against ex-president Rodrigo Duterte are just a sample, the spokesman of the International Criminal Court said Tuesday, saying more cases may be presented in court.
According to ICC spokesperson, Dr. Fadi El Abdallah, the prosecution may present more cases, witnesses and victims throughout the course of ICC’s judicial process.
According to ICC spokesperson, Dr. Fadi El Abdallah, the prosecution may present more cases, witnesses and victims throughout the course of ICC’s 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 crime against humanity, for the purpose of an arrest warrant, which is the first step in the judicial process,” he explained.
“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 crime against humanity, for the purpose of an arrest warrant, which is the first step in the judicial process,” he explained.
“Next step, which is the confirmation of charges hearing scheduled in September, would look deeper, and after hearing also the defense, to decide whether this case should go to a trial or not,” El Abdallah added.
“Next step, which is the confirmation of charges hearing scheduled in September, would look deeper, and after hearing also the defense, to decide whether this case should go to a trial or not,” El Abdallah added.
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This means the prosecution can request to add more cases and witnesses as the process continues.
This means the prosecution can request to add more cases and witnesses as the process continues.
“Yes, the prosecutor may submit to the judges additional requests, and eventually it would be for the judges to decide whether they can be admitted or not,” El Abdallah.
“Yes, the prosecutor may submit to the judges additional requests, and eventually it would be for the judges to decide whether they can be admitted or not,” El Abdallah.
In its March 12 situation report on the Philippines and Duterte, the ICC said its Pre-Trial Chamber I "assessed the material submitted by the Prosecution and found reasonable grounds to believe that Mr Duterte is individually responsible as an indirect co-perpetrator for the crime against humanity of murder, allegedly committed in the Philippines between 1 November 2011 and 16 March 2019."
In its March 12 situation report on the Philippines and Duterte, the ICC said its Pre-Trial Chamber I "assessed the material submitted by the Prosecution and found reasonable grounds to believe that Mr Duterte is individually responsible as an indirect co-perpetrator for the crime against humanity of murder, allegedly committed in the Philippines between 1 November 2011 and 16 March 2019."
It added that the ICC Pre-Trial Chamber "focused on a sample of alleged incidents to facilitate its analysis" and issuance of an arrest warrant against the former leader.
It added that the ICC Pre-Trial Chamber "focused on a sample of alleged incidents to facilitate its analysis" and issuance of an arrest warrant against the former leader.
3 BASIC ELEMENTS
Vice President Sara Duterte has repeatedly questioned the 43 cases used as basis for the charges of murder as a crime against humanity, against her father.
Vice President Sara Duterte has repeatedly questioned the 43 cases used as basis for the charges of murder as a crime against humanity, against her father.
According to the Vice President, it is a far cry from the allegations that there were 30,000 EJK victims under former President Duterte’s administration.
According to the Vice President, it is a far cry from the allegations that there were 30,000 EJK victims under former President Duterte’s administration.
But according to Article 7 (1) (a) of the ICC’s Elements of Crimes, the crime against humanity of murder has 3 basic elements:
But according to Article 7 (1) (a) of the ICC’s Elements of Crimes, the crime against humanity of murder has 3 basic elements:
Article 7 (1) (a) Crime against humanity of murder
Article 7 (1) (a) Crime against humanity of murder
Elements
Elements
1. The perpetrator killed one or more persons.
1. The perpetrator killed one or more persons.
2. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
2. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
3. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack against a civilian population.
3. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack against a civilian population.
This includes killing one or more persons, committed as part of a widespread and systematic attack against a civilian population, with the perpetrator knowing that his or her conduct, was part of or intended to be part of a widespread and systematic attack against a civilian population.
This includes killing one or more persons, committed as part of a widespread and systematic attack against a civilian population, with the perpetrator knowing that his or her conduct, was part of or intended to be part of a widespread and systematic attack against a civilian population.
El Abdallah clarifies however, that the case is still at the pretrial stage, and that the process between now and the confirmation of charges hearing, scheduled on September 23, is part of making sure whether there are substantial reasons to proceed to a full blown trial or not.
El Abdallah clarifies however, that the case is still at the pretrial stage, and that the process between now and the confirmation of charges hearing, scheduled on September 23, is part of making sure whether there are substantial reasons to proceed to a full blown trial or not.
“The purpose of the confirmation of charges is thus to test whether the prosecutor evidence [is] sufficient to go to a trial or if the case should stop earlier. And for that, the prosecutor will have to demonstrate to the judges taking a certain sample of evidence, that this evidence [is] strong enough,” El Abdallah said.
“The purpose of the confirmation of charges is thus to test whether the prosecutor evidence [is] sufficient to go to a trial or if the case should stop earlier. And for that, the prosecutor will have to demonstrate to the judges taking a certain sample of evidence, that this evidence [is] strong enough,” El Abdallah said.
“But we have to respect the rights of the defense, meaning that the defense should have the time and the facilities to prepare to respond to this evidence that may be, proposed by the prosecutor and discussed during confirmation of charges hearing. So before the confirmation of charges hearing, the prosecutor would have to disclose, to transmit to the defense the evidence on which he intends to rely during the confirmation of charges hearing, so that the defense would have the time to study it, to examine it, to counter investigate certain elements, to prepare its own submissions to the judges,” he added.
“But we have to respect the rights of the defense, meaning that the defense should have the time and the facilities to prepare to respond to this evidence that may be, proposed by the prosecutor and discussed during confirmation of charges hearing. So before the confirmation of charges hearing, the prosecutor would have to disclose, to transmit to the defense the evidence on which he intends to rely during the confirmation of charges hearing, so that the defense would have the time to study it, to examine it, to counter investigate certain elements, to prepare its own submissions to the judges,” he added.
The ICC Victim's Participation and Reparation Section directly works with victims, their lawyers and non-government organizations, who may be supporting or representing them in order to facilitate the process by which they can participate.
The ICC Victim's Participation and Reparation Section directly works with victims, their lawyers and non-government organizations, who may be supporting or representing them in order to facilitate the process by which they can participate.
According to El Abdallah, victims or their families may limit their participation to the presentation of their observations and their views. This is a role different from that of witnesses.
According to El Abdallah, victims or their families may limit their participation to the presentation of their observations and their views. This is a role different from that of witnesses.
“Witnesses are individuals who are called either by the prosecutor or by the defense to testify. And they may be victims, but they can also be experts or they can be insiders or they can be different types of witnesses. So not all witnesses are victims and actually, only a very minimal number of victims may be called as witnesses during the proceedings,” he said.
“Witnesses are individuals who are called either by the prosecutor or by the defense to testify. And they may be victims, but they can also be experts or they can be insiders or they can be different types of witnesses. So not all witnesses are victims and actually, only a very minimal number of victims may be called as witnesses during the proceedings,” he said.
El Abdallah also assured that there are protection and security programs in place for both victims and witnesses in the case.
El Abdallah also assured that there are protection and security programs in place for both victims and witnesses in the case.
According to El Abdallah, the confirmation of charges involves a presentation of a sample of evidence. Both the prosecutor and the defense team may or may not also call a witness or witnesses. But if they do, both sides will be allowed to cross examine the witness or witnesses.
According to El Abdallah, the confirmation of charges involves a presentation of a sample of evidence. Both the prosecutor and the defense team may or may not also call a witness or witnesses. But if they do, both sides will be allowed to cross examine the witness or witnesses.
After the confirmation of charges hearing, the judges will have a maximum period of 60 days to decide on whether to proceed to a trial or to stop it.
After the confirmation of charges hearing, the judges will have a maximum period of 60 days to decide on whether to proceed to a trial or to stop it.
APPROVING THE TRIAL
El Abdallah however also mentioned, it only takes a confirmation of one case to approve a trial while dismissing the charges requires a non-confirmation of all charges.
El Abdallah however also mentioned, it only takes a confirmation of one case to approve a trial while dismissing the charges requires a non-confirmation of all charges.
“If none of the charges is confirmed, then the case would stop at the pre-trial level. If one or more charges is confirmed, then the case can go to a trial,” he said.
“If none of the charges is confirmed, then the case would stop at the pre-trial level. If one or more charges is confirmed, then the case can go to a trial,” he said.
Former President Duterte’s legal defense team is expected however to file arguments before the confirmation of charges hearing. Duterte’s lead counsel, British-Israeli lawyer Nicholas Kaufman said he is hoping to present jurisdictional arguments before the court.
Former President Duterte’s legal defense team is expected however to file arguments before the confirmation of charges hearing. Duterte’s lead counsel, British-Israeli lawyer Nicholas Kaufman said he is hoping to present jurisdictional arguments before the court.
“I believe that there is a strong argument for the lack of ability to exercise jurisdiction given the Philippines' withdrawal from the birth statute. I hope that the judges will accept my submission,” Kaufman said on March 31.
“I believe that there is a strong argument for the lack of ability to exercise jurisdiction given the Philippines' withdrawal from the birth statute. I hope that the judges will accept my submission,” Kaufman said on March 31.
But El Abdallah maintained, the ICC did not lose its jurisdiction on the alleged crimes against humanity committed between November 1, 2011 and March 16, 2019. The Philippines withdrawal from the ICC Rome Statute took effect on March 17, 2019.
But El Abdallah maintained, the ICC did not lose its jurisdiction on the alleged crimes against humanity committed between November 1, 2011 and March 16, 2019. The Philippines withdrawal from the ICC Rome Statute took effect on March 17, 2019.
Article 127 of the Rome Statute states that a state's withdrawal does not affect the jurisdiction of the Court over crimes committed while the state was a party.
Article 127 of the Rome Statute states that a state's withdrawal does not affect the jurisdiction of the Court over crimes committed while the state was a party.
El Abdallah also cited ICC jurisprudence in the case of Burundi, where the ICC retained jurisdiction over alleged crimes committed in the east African country during its Rome Statute membership from December 1, 2004 to October 26, 2017 despite its withdrawal on October 27, 2017.
El Abdallah also cited ICC jurisprudence in the case of Burundi, where the ICC retained jurisdiction over alleged crimes committed in the east African country during its Rome Statute membership from December 1, 2004 to October 26, 2017 despite its withdrawal on October 27, 2017.
“A withdrawal only affects the future. Meaning, that the ICC would not have jurisdiction for the future after the withdrawal became effective. But not for the crimes committed allegedly during the moment where the Philippines were still, back then, a state party,” he explained.
“A withdrawal only affects the future. Meaning, that the ICC would not have jurisdiction for the future after the withdrawal became effective. But not for the crimes committed allegedly during the moment where the Philippines were still, back then, a state party,” he explained.
Kaufman also said that their team will be applying for former President Duterte’s interim release “at the appropriate time.” During his initial appearance hearing last March 14, interim release was among the rights enumerated by the judges for Duterte.
Kaufman also said that their team will be applying for former President Duterte’s interim release “at the appropriate time.” During his initial appearance hearing last March 14, interim release was among the rights enumerated by the judges for Duterte.
El Abdallah said the right is granted to suspects because all are presumed innocent until proven guilty. However, there are a number of factors to be considered and several conditions attached to the interim release, in case it is granted, according to the ICC’s legal framework.
El Abdallah said the right is granted to suspects because all are presumed innocent until proven guilty. However, there are a number of factors to be considered and several conditions attached to the interim release, in case it is granted, according to the ICC’s legal framework.
“There would be a need to convince the judges that this person will be cooperating with the court, will be present before the judges at the moment when they order his or her presence, will not be creating obstacles for the investigations and will not be continuing eventually to commit crimes,” he said.
“There would be a need to convince the judges that this person will be cooperating with the court, will be present before the judges at the moment when they order his or her presence, will not be creating obstacles for the investigations and will not be continuing eventually to commit crimes,” he said.
“It might be also a conditional release, meaning that the judge will be imposing specific conditions on the person, but also asking the state in which he or she may be released to accept the release, but also to accept the implementation of a set of measures that may be designed in order to ensure that this person will not run away, would be present before the judges, will not endanger the investigations, and will not be committing any crimes, during this interim release,” he added.
“It might be also a conditional release, meaning that the judge will be imposing specific conditions on the person, but also asking the state in which he or she may be released to accept the release, but also to accept the implementation of a set of measures that may be designed in order to ensure that this person will not run away, would be present before the judges, will not endanger the investigations, and will not be committing any crimes, during this interim release,” he added.
With regard to the legal aid that the Duterte family is planning to avail of, El Abdallah assured that funding assistance is available for the legal representation of both the defense and the victims. The process will however require financial investigation, and possible cooperation with countries involved.
With regard to the legal aid that the Duterte family is planning to avail of, El Abdallah assured that funding assistance is available for the legal representation of both the defense and the victims. The process will however require financial investigation, and possible cooperation with countries involved.
“Of course the court conducts a kind of a financial investigation to check what kind of resources are available to, eventually, to the suspect. And based on that, to decide whether or not to include him or her in the legal aid program…the court has financial investigators who works specifically on this matter. And, of course, the work is, as well in cooperation with the different states in which a suspect might have different assets as well,” El Abdallah said.
“Of course the court conducts a kind of a financial investigation to check what kind of resources are available to, eventually, to the suspect. And based on that, to decide whether or not to include him or her in the legal aid program…the court has financial investigators who works specifically on this matter. And, of course, the work is, as well in cooperation with the different states in which a suspect might have different assets as well,” El Abdallah said.
IMPARTIAL
Duterte supporters have been gathering in The Hague and other countries to express their continued support for the former President and to call on the ICC to give the President back to the Philippines. But ICC judges cannot be influenced by extrajudicial matters, according to El Abdallah.
Duterte supporters have been gathering in The Hague and other countries to express their continued support for the former President and to call on the ICC to give the President back to the Philippines. But ICC judges cannot be influenced by extrajudicial matters, according to El Abdallah.
“What is important to highlight is that the judges will only decide based on the legal applicable rules and based on the evidence that is submitted before them. So anything that is outside of this framework and outside of what is presented to them by the parties and the participants to the proceedings are, by definition, issues that cannot be taken into consideration by the judges and would not have an impact on their decision, in relation to the charges,” he said.
“What is important to highlight is that the judges will only decide based on the legal applicable rules and based on the evidence that is submitted before them. So anything that is outside of this framework and outside of what is presented to them by the parties and the participants to the proceedings are, by definition, issues that cannot be taken into consideration by the judges and would not have an impact on their decision, in relation to the charges,” he said.
Duterte was arrested on March 11 on his arrival from Hong Kong at the request of the International Criminal Court (ICC) as part of its probe into his "war on drugs" that defined his presidency.
Duterte was arrested on March 11 on his arrival from Hong Kong at the request of the International Criminal Court (ICC) as part of its probe into his "war on drugs" that defined his presidency.
The ICC warrant for Duterte's arrest said that as president, the 80-year-old Duterte allegedly created, funded, and armed death squads that carried out murders of purported drug users and dealers.
The ICC warrant for Duterte's arrest said that as president, the 80-year-old Duterte allegedly created, funded, and armed death squads that carried out murders of purported drug users and dealers.
He was brought to The Hague in the Netherlands on the same day he was arrested.
He was brought to The Hague in the Netherlands on the same day he was arrested.
Duterte celebrated his 80th birthday last March 28 at the ICC detention facility in Scheveningen.
Duterte celebrated his 80th birthday last March 28 at the ICC detention facility in Scheveningen.
El Abdallah said ICC courts put all necessary measures to ensure the physical and psychological well-being of all detainees. He also guaranteed the court’s impartiality in resolving cases, as it tackles the most serious crimes of concern to the international community,
El Abdallah said ICC courts put all necessary measures to ensure the physical and psychological well-being of all detainees. He also guaranteed the court’s impartiality in resolving cases, as it tackles the most serious crimes of concern to the international community,
“Why is the ICC existing? It is because serious crimes have been committed in different places in the world and there has been no accountability for these crimes,” El Abdallah said.
“Why is the ICC existing? It is because serious crimes have been committed in different places in the world and there has been no accountability for these crimes,” El Abdallah said.
“So the ICC is dealing with cases because there are victims who are still waiting to see justice and to know the truth and to see, eventually, people who might be responsible facing justice and making sure that there is a mechanism of accountability…We have a duty towards the victims to try as much as possible, to make sure that the truth is revealed and that is if a person is responsible, then he is, or she is, punished. And if he is, innocent, then this is, clarified, for everyone,” he said.
“So the ICC is dealing with cases because there are victims who are still waiting to see justice and to know the truth and to see, eventually, people who might be responsible facing justice and making sure that there is a mechanism of accountability…We have a duty towards the victims to try as much as possible, to make sure that the truth is revealed and that is if a person is responsible, then he is, or she is, punished. And if he is, innocent, then this is, clarified, for everyone,” he said.
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