ICC shares details of proposed admission process for drug war victims in Duterte's trial in September
The International Criminal Court's registrar shared details of the proposed admission process for drug war victims who wish to participate in the proceedings of the trial of former president Rodrigo Duterte in September.
In a 15-page document dated April 2, the ICC Registry presented submissions on the admission process for applicants seeking to participate in proceedings, application forms for participation, identity documents available in the Republic of the Philippines, and legal representation of victims.
It includes the Victims Participation and Reparations Section, which undergoes the "A-B-C approach."
Under the A-B-C approach, applicants are classified into three categories: those who clearly qualify as victims (Group A), those who do not (Group B), and those whom the Registry couldn't clearly determine (Group C).
The Pre-Trial Chamber will authorize or reject applicants from Groups A and B. The Registry may also be of assistance.
Those in Group C, meanwhile, are transmitted to the parties for observation. There will be necessary redactions to expunge the persons' identifying information.
After all parties' observations, the Chamber will assess the Group C applications individually and determine whether they'd participate in the trial or not.
"The A-B-C Approach offers practical benefits, as observed in the aforementioned proceedings," the ICC said. "This equally applies to the present proceedings. It allows the parties and the Chamber to focus on pre-assessed unclear or ambiguous issues arising from victim applications in a grouped fashion."
The international tribunal also noted that the VPRS would only need to redact a fraction of relevant forms, specifically Group C applications submitted to the parties and legal representative(s) of victims.
"This streamlined approach results in significant time and resource savings," it said. "Consequently, the VPRS can efficiently process a larger number of victim applications, ensuring timely participation in proceedings leading up to the confirmation of charges hearing."
Previously, lawyers representing some of the victims described victim participation as a "peculiar feature that protects the interests of the victims – to hear the truth, to ensure responsibility – at all stages in the proceedings.”
Kristina Conti, ICC assistant to counsel, in a Facebook post on April 3 said the proposed application for participating victims "does not only improve our understanding of the processes, but also inspires confidence and optimism that the case will progress with the highest standards of due process and utmost consideration for the victims."
"We anticipate this will also encourage other victims of Duterte to come forward and engage with the ICC, in the short- and long-term," Conti said. "In turn, we hope that volunteers and larger networks, such as the Duterte Panagutin campaign, will also pitch in."
According to the ICC website, victims play an important role in its proceedings. They have the right to present their views and concerns directly to the ICC judges, which is already the case during the pre-trial proceedings.
The ICC noted that victims can make observations to the ICC on specific topics even before the pre-trial stage. They may also claim reparations in case the proceeding lead to a conviction of the accused.
Duterte was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization.
He has been accused of being an "indirect co-perpetrator for the crime against humanity of murder pursuant to Article 7 (1)(a) of the Roman Statute."
Specifically, he was allegedly involved in the murder of at least 19 persons reported to be drug pushers or thieves who were killed by members of the Davao Death Squad in various locations in or around Davao City between 2011 and 2016, as well as the murder of at least 24 alleged criminals who were killed by or under the supervision of members of the Philippines law enforcement at various locations in the country between 2016 and 2019 during his term as president.
The ICC is acting based on the principle of complementarity, which means that it's only stepping in if a state's courts are unwilling or unable to prosecute crimes within their jurisdiction.
Though Duterte withdrew the country's membership from the ICC in 2018, which took effect the following year, the ICC said it still has jurisdiction over crimes that happened while the Philippines was still a member-state.
Duterte arrived in The Hague in the Netherlands on March 12 to face the charges against him.
He could be the first Asian former head of state to be indicted by the ICC.
His pre-trial hearing is on Sept. 23, 2025. If the charges against him are confirmed, it could be months before the case eventually goes on trial, and years before a final judgment is rendered.
