Former president Rodrigo Duterte’s initial appearance before Pre-Trial Chamber I of the International Criminal Court, March 14, 2025. ICC/File

MANILA (2nd UPDATE) — The defense team of Former President Rodrigo Duterte proposed stringent rules in identifying the alleged victims of his war on drugs and their lawyers, according to a document submitted to the Pre-Trial Chamber of the International Criminal Court (ICC).

Duterte’s lead counsel Nicholas Kaufman said the court should insist on the use of a "national identity card and or a passport containing an up-to-date photograph."

In its absence, the defense suggests the chamber "should require those identification documents accepted in the staggered fashion mandated by the social security system."

The use of "insufficiently verified" identification documents could lead to misidentification, double-counting and inclusion of false victims which might drag proceedings, according to Defense Observations on Registry Filing.

"Limiting the range of identity of documents enhances the reliability of the identity verification process and significantly reduces the risk of fraud," Kaufman said.

"By adopting a more stringent approach from the outset, the Pre-Trial Chamber can avoid such pitfalls and streamline proceedings," he added. 

Could Duterte face more charges at ICC?

Kaufman noted that the ICC registry failed to explain the deviation in the victim identification due to a backlog in the distribution of national identity cards.

Citing previous cases, the defense suggested that the Pre-Trial Chamber should adopt the practice of deciding "on a rolling and ad hoc basis" when faced with the dilemma of accepting whether a signed and witnessed declaration is enough to act as proof of identity.

In terms of legal representation of the victims, the ICC Registry proposed that lawyers appointed by the victims should participate on their behalf while the Office of Public Counsel for Victims (OPCV) represents the general interests of unrepresented applicants.

But Kaufman argued that doing so would result in "twice the number of submissions" before the court. The defense insisted that the victims be represented by the OPCV.

"It will be unwieldy, unnecessarily encumber the Defense, and slow down the proceedings. This will impact on Mr. Duterte's right to a speedy judicial process," he said.

ICC probe ‘ongoing’ vs others tagged in Duterte drug war

'UNREALISTIC, ANTI-POOR'

Kristina Conti of National Union of People's Lawyers (NUPL), which represents many families of EJK victims, criticized the proposal of Duterte's defense team, calling it "out of touch, unrealistic, and anti-poor."

Conti, an ICC-accredited assistant to counsel, said that Kaufman's strategy was meant to narrow down even further the number of victims who could participate in the proceeding. 

"Paraan ito para paliitin yung bilang ng mga biktima na magpa-participate... Kaya para sa amin, out of touch, unrealistic at anti poor itong ginagawa ng defense," Conti told Teleradyo Serbisyo on Wednesday.

(It's their way to even lessen the number of victims who could participate in the ICC proceedings.)

Conti said that the ICC must be made aware of the "situation" in Philippines, where obtaining passport and other government identification was uncommon for many poor Filipinos. 

DFA requires prepayment for passport, renewal applications at Aseana site

"Yung konteksto po natin, yung mga biktima mahihirap, hindi slla basta-basta kumukuha ng passport, kumbaga alien para sa kanila na lumabas ng bansa... Sana kilalanin yung sitwasyon talaga dito," she said.

(To contextualize, many of the drug war victims are poor, the idea of getting a passport and flying out of the country is foreign to them. I hope the ICC recognizes these realities in the Philippines.)

Conti said the victims' side will try to inform the ICC about their objection to the defense team's proposal.

'TOO MUCH'

On Thursday, House Assistant Majority Leader and Lanao del Sur Rep. Zia Alonto Adiong also criticized the proposal of Kaufman, saying it was "too much."

“If you ask me, that's like asking too much. Why would a national ID or SSS be material in filing the case no? Just to prove, I don't know what kind evidence they would like to, what kind of additional documentation they want to ask for the victims to provide. Hindi ko alam kung how would that be relevant in the case and pursuit of justice,” Adiong said.  

The lawmaker said it’s no surprise the former President’s lawyers would resort to all legal moves.

Duterte is still in the ICC Detention Center as he awaits the confirmation of charges hearing set for September 23.

The former President’s legal team has said it plans to apply for his interim release.

Meanwhile, the ICC on April 7 disclosed that it approved the appointment of lawyer Dov Jacobs as Duterte's associate legal counsel.

Sara Duterte back in PH after dad Digong's detention in the Netherlands
Palace: Duterte’s drug war remarks a big challenge for his ICC lawyers

The 80-year old Duterte is detained in the ICC facility in The Hague, The Netherlands, arrested for crimes against humanity. —With reports from Jauhn Etienne Villaruel and Paige Javier, ABS-CBN News

RELATED VIDEO