MANILA — The International Criminal Court (ICC) Pre-Trial Chamber (PTC) I on Thursday confirmed all charges against former President Rodrigo Duterte, effectively committing him to a full trial.
According to the chamber, its decision to confirm all charges — comprising three counts of crimes against humanity — was based on the evidence and arguments presented during the confirmation of charges hearing in February, as well as on the submissions and documents of the parties and participants, including participating victims.
“Pre-Trial Chamber I concluded that there are substantial grounds to believe that Mr. Duterte is responsible for the crimes against humanity of murder and attempted murder, pursuant to Article 7(1)(a) of the Rome Statute (ICC’s founding treaty),” the PTC I said in a statement.
Under its decision, Duterte will face trial for the following crimes:
* Murder as a crime against humanity in Davao City during his mayoral term from 2013 to June 2016.
* Murder as a crime against humanity against “high-value targets” in locations across the Philippines during his presidency from July 2016 to July 17.
* Murder and attempted murder as crimes against humanity in barangay clearance operations in locations across the Philippines during his presidency from July 2016 to September 2018.
The ICC cited in its decision 49 incidents during Duterte’s drug war that supplemented the crimes he is accused of.
Sen. Bato dela Rosa and Sen. Christopher Lawrence “Bong” Go, among others, were also tagged in the document as “co-perpetrators” in Duterte’s “violent crimes, including murder.”
Just this Wednesday, April 22, the ICC affirmed its jurisdiction over Duterte, dealing a setback to the defense after the tribunal’s Appeals Chamber dismissed its challenge — a move his lead lawyer said was anticipated and underscores the high stakes surrounding the case.
Nicholas Kaufman, Duterte’s lead counsel, said the ruling did not come as a surprise, noting he had already prepared his client for the outcome.
“I was not really surprised with today’s decision, I was even hinting at it yesterday,” Kaufman told reporters outside the ICC.
He added that he had advised Duterte not to expect a favorable outcome.
“When I met the former President, I said don’t build up your hopes and he was stoical,” he said.
Kaufman argued that broader issues facing the tribunal may have influenced the outcome, pointing to external pressures and internal controversies confronting the ICC.
He also suggested that a ruling in favor of the defense would have had sweeping implications for the court’s operations.
“What would the practical effect of the decision today would have been had it gone our way? Essentially, it would have voided the court’s docket,” he said, adding that Duterte represents a significant case for the tribunal.
“The former President of the Philippines Rodrigo Duterte is the big catch of this court, and it was never really my impression that they would let him go that easily.”
Despite the setback, Kaufman expressed confidence in their arguments as the case moves forward, particularly as judges weigh whether to confirm the charges.
“If there is one thing you know about Atty. Nick Kaufman, I am a very optimistic guy. We made many persuasive arguments at the confirmation,” he said.
“The evidentiary weaknesses we identified will be the very weaknesses that will lead to his acquittal. I have a Plan X… to fight as hard as hard as we can for the former President of the Philippines,” he said. (Keith Clores, Zacarian Sarao © Philippine Daily Inquirer)
