The defense team of former President Rodrigo Duterte has flagged concerns over delays in the pre-trial process at the International Criminal Court (ICC), citing the right to a speedy trial as enshrined in the Rome Statute.
In a recent submission, the defense, led by Nicholas Kaufman, responded to the ICC Registry’s proposed guidelines on victim participation for the case involving Duterte’s controversial war on drugs campaign.
Concerns Over Identity Verification and Fraud Risks
Kaufman’s team took issue with the Registry’s suggestion to accept a wide range of identity documents from alleged victims, arguing this could lead to fraud, misidentification, or double-counting.
The defense called for stricter requirements, such as a national ID or passport with a recent photo, or alternatives recognized by the Philippine Social Security System.
They pointed out that citing a “backlog in the distribution of national identity cards” was not a sufficient reason to lower verification standards.
They also opposed accepting declarations signed by two witnesses, citing ICC precedents such as Joseph Kony and Dominic Ongwen, where such submissions were evaluated on a case-by-case basis to avoid procedural delays.
Victim Representation Could Slow Down Pre-Trial Phase
The Registry also proposed a hybrid model for victim representation, where some would be individually represented by private lawyers and others by the Office of Public Counsel for Victims (OPCV).
The defense strongly opposed this, arguing it would result in excessive submissions, place an undue burden on the defense, and slow down the proceedings.
Instead, the defense urged that all victims be temporarily represented solely by the OPCV, which they say would be more efficient and still honor victims’ right to participation.
A Critical Phase in the ICC Investigation
The document was filed under Pre-Trial Chamber I, which includes Judge Julia Antonella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge Maria del Socorro Flores Liera.
Although the Philippines officially withdrew from the ICC in 2019, the court maintains jurisdiction over alleged crimes committed while the country was still a member.
The filing is part of the ongoing process to determine how the case against Duterte will move forward, as the international community continues to scrutinize the human rights impact of his administration’s anti-drug campaign.
