ICC's court process 'a little bit different' from the Philippines
As the International Criminal Court prepares for its case on former president Rodrigo Duterte's alleged crimes against humanity, ICC assistant to Counsel Kristina Conti said that the public should expect a slightly different court process compared to the one in the Philippines.
"This is where the Philippine and international court process will be a little bit different," Conti said in an interview on ANC's Headstart. "In the Philippines, ang consideration sa'tin ay private complainant. Kaya ang akala ng marami, 'Oh ikaw 'yung complainant, may personality ka roon.' And you talk to the prosecutor."
However, in the ICC, the victims will have a different representation, noting that three legal teams can appear before the court: the prosecution, the defense, and the victims.
She said the court has adopted a "victim-friendly" approach, allowing victims to express their views and concerns independently. This victim-centered design aims to empower victims, enabling them to focus on their personal interests without being compelled to align with the prosecutor's strategy.
"If you compel the victims to cooperate with the office of the prosecutor, then there's one on the side of the prosecutor, there will be more people to look in, so you will need to be updated on the prosecutorial strategy," she added.
In ICC's case, the prosecutors focus on the elements of the crime, and victims can participate as witnesses.
"Ang bahala diyan si prosecutor. Victims can also participate as victims, which is why we'll be forming our own legal team, in a sense, but victims individually can choose their own legal counsel," Conti said.
"So if there are many legal counsels or legal representatives, we would need to choose among ourselves who would be legal representatives, and we can choose anybody who is accredited before the court," she added.
According to her, she will be representing victims of Duterte's drug war campaign "in some capacity."
"Because the victims would have a separate legal representation from the prosecutor, we will be reporting to the chief or the common legal representative chosen among us," Conti said.
When asked how many victims have been recognized by the ICC since Duterte's case was first filed in 2017, the lawyer and activist said the numbers are estimated to be between 100 to 200 individuals.
"It's a very tedious process. Madugo 'tsaka masinsin, pero puwede na rin, okay na rin sa'min 'to because every stage the ICC will call for witnesses to participate," Conti said.
She noted that she will be working with fellow lawyer and former congressman Neri Colmenares along with a team of eight lawyers in assisting the victims. Conti added that they are reaching out to more lawyers who are representing more victims to "explain to them how the process works."
Following Duterte's initial appearance before the ICC on March 14, where he was informed of the crimes he is alleged to have committed as well as his rights as a defendant, he is now set to appear in another hearing on Sept. 23 for the confirmation of charges.
The judges will determine whether there is sufficient evidence to support the charges against him.
During the proceedings, the prosecutor must provide evidence, as well as any exculpatory information that may "in any way tend to suggest his innocence or mitigate his guilt, or which may affect the credibility of the prosecution’s evidence."
The prosecution must present sufficient evidence to warrant bringing the case to trial.
Meanwhile, the defense may object to the charges and challenge the prosecution’s evidence by presenting its evidence.
A warrant of arrest against Duterte was officially issued on March 7, which the Philippine government received on early Tuesday, March 11. He was flown to The Hague on the same day.
Duterte could be the first Asian former head of state to be indicted by the ICC.
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.
