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Janvic Mateo - The Philippine Star
April 4, 2025 | 12:00am
MANILA, Philippines — A proposal for the victim admission process in detained former president Rodrigo Duterte’s crimes against humanity case has been submitted by the registrar of the International Criminal Court (ICC).
Victim participation is a significant feature of ICC processes that would allow families of drug war victims to express their views and concerns.
In a 15-page submission to the ICC Pre-Trial Chamber I, the ICC Registry proposed the adoption of the standard “A-B-C Approach.”
Victims applying to participate in the proceedings will be classified into three groups: Group A for applicants who “clearly qualify” as victims, Group B for those who “clearly do not qualify” as victims and Group C for those “whom the Registry could not make a clear determination for any reason.”
Applications belonging to Group A and B would be transmitted to the pre-trial chamber, while Group C applications are transmitted to the prosecution, defense and legal representative for their observations.
“Once the parties’ observations have been received, the Chamber assesses the Group C applications individually and determines whether the victims concerned shall be admitted to participate or not,” the registrar’s submission read.
“The Chamber (will) ultimately authorize or reject an applicant to participate in the proceedings,” it noted.
The streamlined approach offers practical benefits as it allows “parties and the Chamber to focus on pre-assessed unclear or ambiguous issues arising from victim applications in a grouped fashion,” the ICC Registry said.
Significant time and resource savings will be attained while allowing the Victims Participation and Reparations Section (VPRS) to “efficiently process a larger number of victim applications,” it noted.
In an earlier statement, lawyers representing some of the victims described victim participation as “a peculiar feature that protects the interests of the victims – to hear the truth, to ensure responsibility – at all stages in the proceedings.”
ICC assistant to counsel Kristina Conti said they anticipate “that victims will be required to submit a signed application to participate with a statement of their victimhood, identification documents, proof of kinship to the victim of the killing and other related information or documents.”
“We anticipate this will also encourage other victims of Duterte to come forward and engage with the ICC, in the short and long term. In turn, we hope that volunteers and larger networks, such as the Duterte Panagutin campaign, will also pitch in,” she said.
In its submission, the ICC Registry said the VPRS recommended “early action in the organization of common legal representation” for victims.
Bayan: interim release dim
Chances of the ICC granting Duterte’s interim release are “very dim,” former Bayan Muna party-list representative Neri Colmenares said yesterday.
“He is a flight risk as the charges against him are serious and the evidence is strong,” Colmenares said. “He is powerful and rich, with more than enough resources to fund an escape.”
“Duterte could easily travel as shown by his recent trip to Hong Kong where he may seek haven in China, which will practically make him beyond the reach of the ICC,” he noted.
Duterte’s lead counsel Nicholas Kaufman earlier said lawyers are working on a plea, but they have yet to decide when to file it before the ICC.
Three factors can block Duterte’s interim release: risk of flight, risk of interference of witnesses and risk of continued crimes, Kaufman said.
Duterte is being held at the Scheveningen penitentiary for crimes against humanity stemming from his war on drugs.
‘Duterte surrender to ICC was Philippines government decision’
Surrendering Duterte to the ICC was the Philippine government’s decision, ICC spokesman Fadi El Abdallah told OneNews yesterday.
Questions about the legality of the arrest would have to be submitted to the judges, he said.
The Duterte camp has claimed that the former president was “kidnapped” and surrendered to the ICC.
As for the ICC’s jurisdiction, Abdallah maintained that Duterte’s alleged crimes were committed prior to the country’s withdrawal from the Rome Statute in 2019.
The ICC appreciates the commitment of the Philippines to international accountability and mechanisms, Abdallah said. – Bella Cariaso
