Duterte’s Defense Challenges ICC Victim Participation Rules in Drug War Case

MANILA – The legal team of former Philippine President Rodrigo Duterte has raised significant objections to the proposed mechanisms for victims of the country’s brutal drug war to participate in his trial at the International Criminal Court (ICC) in The Hague. Led by defense counsel Nicholas Kaufman, the team is pushing for stricter rules on identity verification and legal representation, arguing that broader criteria could undermine the trial’s efficiency and fairness. Critics, however, see the move as an attempt to limit victims’ access to justice in a case tied to thousands of deaths during Duterte’s presidency.

Dispute Over Identity Verification

The core of the disagreement centers on the type of identification documents victims should be allowed to submit to prove their identity and participate in the ICC proceedings. In a filing dated April 7, 2025, Kaufman urged Pre-Trial Chamber (PTC) 1 to restrict acceptable documents to either a national ID or a current Philippine passport. He argued that such limitations would “enhance the reliability of the identity verification process and significantly reduce the risk of fraud.”

Kaufman further contended that allowing a wider range of documents, as proposed by the ICC Registry, risks “misidentification, double-counting, and the inclusion of false victims.” He warned that such issues could lead to “unnecessary and time-consuming litigation,” potentially delaying the trial. If neither a national ID nor a passport is available, the defense suggested that the court accept other valid IDs, such as those recognized by the Social Security System (SSS), but only in a “staggered fashion” to maintain control over the process.

The ICC Registry, which provides administrative and judicial support to the court, had recommended a more inclusive approach in its April 2 notice. Citing delays in the distribution of national IDs across the Philippines, it proposed accepting a variety of government-issued documents, including senior citizen cards, persons with disability cards, National Bureau of Investigation clearances, and voter certifications with dry seals. The defense, however, dismissed the backlog as a “vague assertion,” rejecting the need for an expanded list.

Kristina Conti, a lawyer with Rise Up for Life and Rights who assists victims in the ICC case, sharply criticized the defense’s stance. “Their insistence on the use of national IDs is unrealistic, with the obtention and issuance of the cards plagued with consistent issues of delay” she told the Philippine Daily Inquirer. Conti also described the suggestion to require passports as “antipoor,” noting that only the socially mobile can afford such documents for cross-country travel. She accused the defense of being “out of touch and harsh” in a clear attempt to “exclude the majority of the victims of Duterte’s war on drugs.”

Legal Representation Concerns

Beyond the issue of identification, Duterte’s defense team also opposed the ICC Registry’s proposal to allow longtime lawyers of victims to act as temporary legal representatives until the court appoints official counsel. This measure, supported by the ICC’s Office of Public Counsel for Victims (OPCV), aims to ensure victims’ rights are protected during the interim period and to avoid gaps in representation.

The defense, however, insisted that only the OPCV should be recognized as the sole legal representative for victims. Kaufman argued that permitting individual lawyers to make submissions on behalf of some applicants, while the OPCV represents others, would result in “twice the number of submissions” before the chamber. “It will be unwieldy and unnecessarily encumber the defense” he stated, adding that this could impact Duterte’s right to a speedy judicial process.

The OPCV, an independent body within the ICC framework, provides legal assistance and representation to victims. Its role is seen as critical in ensuring that those affected by alleged crimes have a voice in proceedings, particularly in complex cases like this one, which involves widespread allegations of extrajudicial killings.

Context of the Drug War and ICC Investigation

The ICC trial stems from Duterte’s controversial “war on drugs,” launched during his presidency from 2016 to 2022. The campaign resulted in the deaths of over 6,000 individuals, predominantly from impoverished communities, in alleged police shootouts and vigilante-style killings. Human rights groups and international observers have long accused the administration of systematic abuses, including extrajudicial executions, under the guise of anti-drug operations. Duterte has repeatedly claimed full legal and moral responsibility for the campaign, a stance that has fueled calls for accountability at the international level.

The ICC opened a formal investigation into possible crimes against humanity in the Philippines in 2021, focusing on killings linked to the drug war. While the Philippine government under Duterte withdrew from the ICC in 2019, the court maintains jurisdiction over crimes allegedly committed while the country was still a member. The current trial phase involves procedural matters, including how victims can participate, before substantive hearings on the allegations against Duterte and other officials begin.

Adding to the defense’s challenges, Presidential Communications Office Undersecretary Claire Castro recently highlighted Duterte’s public admissions of responsibility for the killings. Speaking at a press briefing on April 8, 2025, Castro suggested that Kaufman might face obstacles beyond what he described as “political manipulation” of arguments. “Kaufman’s client admitted his acts of killings” she noted, pointing to statements that could complicate the defense’s position.

New Addition to the Legal Team

Amid these procedural disputes, the PTC announced that seasoned international defense lawyer Dov Jacobs has joined Duterte’s legal team as associate counsel. The 45-year-old French attorney brings over 15 years of experience in international criminal law, both as a practitioner and academic. Jacobs previously contributed to the defense of former Ivory Coast President Laurent Gbagbo, who was acquitted by the ICC in 2019 on charges of murder, rape, and other crimes against humanity. He is also currently representing Mahamat Said, a former militant leader from the Central African Republic, in an ongoing ICC trial for war crimes.

Jacobs’ involvement signals a bolstering of Duterte’s legal strategy, drawing on expertise from high-profile international cases. His addition may also indicate the defense’s intent to mount a robust challenge not only to procedural issues but also to the substantive allegations of crimes against humanity tied to the drug war.

Broader Implications for Justice and Accountability

The objections raised by Duterte’s defense team highlight a broader tension in international criminal proceedings: balancing the rights of the accused with the need to ensure victims’ access to justice. Restricting the types of identification documents accepted could disproportionately affect marginalized communities, many of whom lack access to national IDs or passports due to systemic delays or financial barriers. Similarly, limiting legal representation to the OPCV alone risks sidelining the personal advocates who have supported victims for years, potentially alienating those seeking redress.

For the ICC, the challenge lies in crafting a process that is both efficient and inclusive. The court’s decisions on these procedural matters will set a precedent for how victims of large-scale human rights abuses can engage with international justice mechanisms, particularly in cases involving state actors or former leaders. If the defense’s stringent proposals are adopted, it may deter participation from the very communities most affected by the drug war, raising questions about the ICC’s ability to deliver accountability.

Critics of Duterte’s administration, including local and international human rights organizations, view the trial as a critical test of global efforts to address impunity. The drug war’s death toll, coupled with documented allegations of police brutality and extrajudicial killings, has drawn widespread condemnation. Yet, Duterte retains significant domestic support among segments of the population who credit his hardline policies with reducing crime, complicating the narrative around his legacy.

Looking Ahead

As the ICC navigates these procedural disputes, the outcome of the victim participation framework will likely shape the trajectory of Duterte’s trial. For the thousands of families seeking justice for loved ones lost in the drug war, the court’s rulings on identification and representation are not mere technicalities but matters of profound personal significance. Whether the ICC can strike a balance between procedural rigor and inclusivity remains an open question, one that will resonate far beyond the courtroom in The Hague.