Filipinos who personally witnessed extrajudicial killings during the Duterte administration’s drug war can be an asset to the crimes against humanity case against former president Rodrigo Duterte, a lawyer representing some of the EJK victims said Monday.

Atty. Kristina Conti, International Criminal Court assistant to counsel, said eyewitnesses are in a separate category from those who are related to EJK victims and wish to participate in the ICC case.

“‘Yun ‘yung may premium kasi kung nakita mo lang naman before patayin pero pinalabas kayo ng bahay, baka isipin ng ICC, ‘Eh, ang hirap patunayan.’ Pero 'yung tipong kitang-kita mo? Tapos kita mo kung sino ‘yung pumatay, ang pumatay ay isa sa mga Davao Boys. O kaya on the side, may narinig ka na sinabi ng mga Davao Boys na: ‘Alam mo, patayin na lang ‘yan. After nito, kikita tayo.' Yung ganoong klaseng witness, hindi ko dini-discount,” she said in a TeleRadyo Serbisyo interview.

ICC releases proposed application process for victims to participate in Duterte case

According to the ICC website, the Office of the Prosecutor is seeking direct witnesses to killings, torture and sexual violence “perpetrated as part of the so-called War on Drugs campaign, between June 2016 and March 2019.”

It said witnesses may include members of the Philippine National Police “and other law enforcement agencies who were involved in these incidents.”

Former and current lawmakers, barangay officials, and members of the judiciary can also apply.

In the interview, Conti said the prosecutor need not present 30,000 names of EJK victims to prove that the killings happened. All that is needed under international law is to prove that the killings were widespread and systematic to the civilian population, she said.

ICC spokesperson Dr. Fadi El Abdallah earlier said the 43 EJK victims included in the case against Duterte is just a sample, adding the prosecution may present more cases, witnesses and victims throughout the course of ICC’s judicial process.

Article 7 (1) (a) of the ICC’s Elements of Crimes, the crime against humanity of murder has 3 basic elements:

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.

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.