ICC rejects proposal of Duterte's defense team to restrict drug war victims' proof of identity
The International Criminal Court Pre-Trial Chamber I rejected the request of former president Rodrigo Duterte's legal team to limit the drug war victims' means of proving their identities.
In its 20-page order, the ICC chamber said the registry "has provided sufficient information regarding each document that it proposes to accept as proof of identity for victim applicants, including the issuing entity and samples."
The chamber noted that such information, along with the victims' procedure for admission, already "ensures the ‘reliability of the identity verification process and significantly reduces the risk of fraud.'"
It noted that Duterte's team, led by Nicholas Kaufman, argued that acceptable proof of identity must be limited to a national identity card and/or a passport containing an up-to-date photograph. If these aren't available, the defense team said other identification documents must be accepted in the "staggered fashion" mandated by the Philippines' Social Security System.
The defense suggested "adopting a more stringent approach" in using "varied and insufficiently verified identity documents," arguing that they "could lead to misidentification, double-counting, and the inclusion of false victims."
The chamber noted that while the Philippines has ongoing initiatives for a centralized national identification system, "there is a backlog in the distribution of national identity cards."
It also noted that upon the registry's proposal, other accepted documents include: SSS card; Government Service Insurance System ID card or GSIS Unified Multi-Purpose ID card; driver’s license; Professional Regulatory Commission ID card; Overseas Workers Welfare Administration ID or e-card; Department of Labor and Employment card; voter’s certification with dry seal; firearms license; senior citizen ID card; and persons with disabilities ID card.
Other acceptable records are National Bureau of Investigation clearance; Alien Certificate of Registration ID card; PhilHealth ID card; airman’s license; Pag-IBIG Loyalty Card; Integrated Bar of the Philippines ID card; Pantawid Pamilyang Pilipino Program ID card; school ID or certificate of enrollment or registration with photo and the institution’s dry seal; taxpayer identification number card; postal ID card; barangay certification; seaman’s book; police clearance; cedula or community tax certificate; marriage certificate; birth certificate; solo parents ID card; and baptismal certificate.
Per the chamber, the defense requested that it "decides, on a rolling and ad hoc basis, whether a signed and witnessed declaration is sufficient to act as proof of an applicant’s identity."
But it took note of the registry's suggestion that a declaration signed by two witnesses and accompanied by their identity documents are considered sufficient to authenticate and establish the identity of the applicant or the person acting on their behalf.
Last April 2, the registry presented submissions on the admission process for applicants seeking to participate in proceedings via the "A-B-C approach." Under this 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 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.
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 leads to a conviction of the accused.
Duterte's arrest
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.
