Tells ICC lax rules open to inclusion of fake crime victims
THE defense team of former president Rodrigo Duterte has asked the International Criminal Court (ICC) to come up with strict standards for verifying the identities of victims in relation to the crimes against humanity cases that he is facing before the international tribunal.
Duterte’s lead counsel Nicholas Kaufman said the ICC Pre-Trial Chamber should limit the types of identification documents that will be used to verify the identities of victims who will participate in the case against the former president.
“The Court should require a national identity card and/or a passport containing an up-to-date photograph. In the absence thereof, the defense submits that the Pre-Trial Chamber should require those identification documents accepted in the staggered fashion mandated by the social security system of the Republic of the Philippines,” Kaufman said in a document submitted to the ICC on April 7.
Kaufman also said that a declaration signed by two witnesses should suffice to establish and verify the identity of the victim.
He said adopting strict identification standards would reduce the risk of fraud and potential delays in the trial of the case.
He likewise warned that allowing the use of “varied and insufficiently verified identity documents could lead to misidentification, double-counting, and the inclusion of false victims,” issues which he said “could trigger unnecessary and time-consuming litigation.”
‘’By adopting a more stringent approach from the outset, the Pre-Trial Chamber can avoid such pitfalls and streamline proceedings,’’ he said.
Kaufman said that while the defense team respects the rights of the victims to participate in the trial of the case, this should not infringe on the right of Duterte to a fair and speedy disposition of the case.
The ICC Registry has earlier proposed that lawyers named or appointed by the victims be allowed to participate on behalf of their clients, while the Office of Public Counsel for Victims (OPCV) would represent the general interests of unrepresented applicants.
The proposal was rejected by Kaufman who said that it this is unwieldy and might even cause a delay in the case.
“With this, the defense submits that all victims applicants, should presently be represented only by the OPCV,” he said.
The Pre-Trial Chamber has set the next hearing of Duterte’s case on September 23 this year to confirm the charges against the 80-year old former president.
Duterte first appeared before the chamber on March 14, three days after he was arrested in Manila and subsequently surrendered to the ICC.
FRENCH LAWYER
Meanwhile, an ICC Registry document dated April 7 showed that French lawyer Dov Jacobs has been appointed as associate counsel in Duterte’s defense team.
Jacobs will assist lead defense lawyer Nicholas Kaufman.
The ICC Registry said it was Kaufman who requested that Jacob serve as associate counsel in the team.
“The appointment has been confirmed by the Registry on 3 April 2025, following Mr. Jacobs’ acceptance,” it said, adding Jacobs signed the undertakings required under Article 5 of the ICC Code prior to his appointment.
Jacobs has law degrees from King’s College London, Paris I Panthéon-Sorbonne and Paris II Panthéon Assas, and a degree in Political Science from Sciences Po, Paris.
He has 15 years of experience in international law and international criminal law.
He is presently part of the defense team of Laurent Gbagbo and Charles Bel Goude who are both facing crimes against humanity charges before the ICC stemming from post-electoral violence in the West African country of Côte d’Ivoire several years ago.
Jacobs is also part of the defense team of former Rwandan official Felicien Kabuga who is facing genocide, persecution on political grounds, extermination, and murder as crimes against humanity during the Rwandan genocide before the Mechanism for International Criminal Tribunals.
He also served as an amicus curiae in both the Afghanistan and Palestine situations at the ICC.
ORAL ARGUMENTS
Veronica “Kitty” Duterte on Monday asked the Supreme Court to set oral arguments on the consolidated habeas corpus petitions seeking the release and return of her father who is currently detained at the Netherlands.
Aside from Veronica, her brothers Davao City Rep. Paolo “Pulong” Duterte and Davao City Mayor Sebastian “Baste” Duterte, have also filed a habeas corpus seeking their father’s return to the country.
In her 14-page petition filed by the Panelo Law Office, Veronica said there is a need for the High Court to hold oral arguments on the habeas corpus petitions to discuss “exigent constitutional issues” and “novel legal questions” which she said are matters of “transcendental importance and significant public interest.”
“Oral arguments would provide a transparent platform for this Honorable Court to address the important legal and constitutional issues inherent in this case, and the broader implications thereof, ensuring that the legal reasoning behind its eventual ruling is fully articulated and understood by the public,” she said in her plea.
She added that “oral arguments would also allow this Honorable Court to test the strength of these opposing and conflicting claims, seek clarification on legal ambiguities, and resolve inconsistencies through direct questioning of the parties’ counsels.”
The Duterte siblings have said that their father’s arrest and surrender to the ICC have no legal basis since the Philippines is no longer a member of the Rome Statute.
Manila’s withdrawal from the Rome Statute that created the ICC took effect in 2019.
Duterte was arrested last March 11 upon his arrival from Hong Kong where he spoke before a gathering of overseas Filipino workers and campaigned for the senatorial candidates of the PDP-Laban, which he heads.
He was transported via a chartered flight and turned over to the custody of the ICC on the same day.
Veronica said the oral arguments would address the “unprecedented” nature of the government’s actions, which she claimed led to his “illegal arrest, detention, and surrender” to a foreign tribunal without due process.
She reiterated that Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, PNP chief Gen. Rommel Francisco Marbil, and CIDG Director Maj. Gen. Nicolas Torre III allegedly orchestrated her father’s “abduction and transfer” to the ICC in violation of his constitutional rights and the country’s extradition laws.
“Allowing such actions could set a dangerous precedent, stripping the courts of their power to review and halt illegal detentions by simply moving detainees outside Philippine territory,” she said.
She insisted that the former president was denied his rights under the country’s extradition laws, which she said requires the ruling of a local court before it can proceed, and allows a motion to appeal an adverse court ruling.
“The outcome of these petitions could influence public trust in the Judiciary, and the accountability of high-ranking officials,” she said.
Remulla has earlier said that the writ of habeas corpus petitions are already moot, pointing out that a writ of habeas corpus is only enforceable in the country.
Malacañang has maintained that the ICC has jurisdiction over crimes committed prior to the country’s withdrawal from the Rome Statute, citing an SC ruling penned by Senior Associate Justice Marvic Leonen which stated that “withdrawing from the Rome Statute does not discharge a state party from the obligations it has incurred as a member.”
The killings covered by the crimes against humanity case slapped against Duterte were allegedly committed from 2011 to 2019.
Veronica said that even if the consolidated petitions maybe considered moot, there is still a need for the SC to conduct oral arguments “for the guidance of the bench, bar and the public.”
SHOW CAUSE
A briefer issued by the SC yesterday showed that magistrates have ordered lawyer and PDP-Laban senatorial candidate Raul Lambino to explain why he should not be sanctioned over his March 11 claim that the High Court has issued a temporary restraining order (TRO) stopping the arrest of the former president.
“The SC ordered Atty. Raul Lambino to show cause within a non-extendible period of 10 days from notice why he should not face administrative action for spreading false information,” the briefer stated.
SC spokesperson Camille Sue Ting said the show cause order was issued on April 2.
To recall, Lambino in a Facebook live on March 11 claimed that the SC had issued a TRO against the arrest of Duterte in relation to a petition filed by the former president and Sen. Ronald dela Rosa.
However, no such injunction was issued by the SC, and Duterte was subsequently flown to The Hague and surrendered to the custody of the ICC.
“This misinformation caused public confusion and misled the people about the SC’s actions,” the briefer said.
Earlier, the SC said it will investigate Lambino’s claim and another social media post that circulated last month urging the High Tribunal to act on a supposed petition seeking the resignation of President Ferdinand Marcos Jr.
SENATE PROBE
Palace Press Officer Claire Castro yesterday said Sen. Imee Marcos, chairperson of the Senate Committee on Foreign Relations, may want to consider inviting legal experts to get varying views on Duterte’s arrest.
“Kung isang tao lang, isang eksperto lang ang ating madidinig, hindi po natin mababalanse ang pang-unawa dito at lalo siyang maguguluhan (If she only listens to one person, one expert, she will not be able to find a balance to fully understand the case and she will just be confused),” Castro said in a briefing in Malacañang.
Castro clarified she was just making a suggestion.
“Ito naman ay suggestion lang tutal ay naitanong lang po, hindi naman po tayo nag-uutos – mas maganda po na makakuha pa siya or makapag-imbita pa siya ng iba pang international law experts para po mas maliwanagan siya (This is just a suggestion because it was asked, I am not telling her to do that. I am just saying that it would be better if she could get or ask other international law experts so she would be enlightened),” she said.
Castro added that with the presence of other international legal experts, the Senate may no longer need the presence of the Cabinet members.
Malacañang has allowed 11 members of the Executive branch, including three Cabinet secretaries, to attend the third committee hearing scheduled on April 10.
Castro said that while government officials have been allowed to attend the hearing, they can still invoke executive privilege if the questions or information sought are confidential or covered by the privilege.
Among those who have been allowed to attend the hearing are Remulla, Foreign Affairs Secretary Enrique Manalo, Migrant Workers Secretary Hans Leo Cacdac, Prosecutor General Richard Anthony Fadullon, Chief State Counsel Dennis Arvin Chan, Philippine Center on Transnational Crime Executive Director Anthony Alcantara, PNP chief Gen. Rommel Franscisco Marbil, Criminal Investigations and Detection Group chief Maj. Gen. Nicolas Torre, Special Envoy on Transnational Crimes Markus Lacanilao, and lawyers RJ Bernal and Ferdinand Loji Santiago. – With Jocelyn Montemayor
