ICC rejects defense’s motion to refile charges vs Duterte; allows 7 new incidents, drops 1

MANILA — The International Criminal Court (ICC) has allowed prosecutors to include seven additional incidents in the crimes against humanity case against former Philippine President Rodrigo Duterte, but excluded one incident for falling outside the timeframe of the confirmed charges.

In a decision dated October 9, ICC Trial Chamber III rejected the defense’s request to require prosecutors to refile a document containing the charges with a complete and defined list of alleged crimes.

The chamber said it “is not vested with the authority to order the Prosecution to re-file a document before the Pre-Trial Chamber that reframes the charges.”

It also ruled that the charges, together with information provided during pre-trial proceedings and other documents, provided Duterte with “sufficient notice” to prepare his defense.

The defense had challenged the inclusion of eight additional incidents, arguing that these expanded the scope of the confirmed charges and involved new locations, perpetrators, victims, and dates.

However, the chamber found that Incidents 50 to 56 “do not exceed the scope of the charges within the meaning of Article 74(2) of the Statute.”

These involved alleged murders under Count 2, concerning the killing of alleged high-value targets during Duterte’s presidency, and Count 3, covering alleged murders and attempted murders linked to barangay clearance operations.

The chamber excluded Incident 57, ruling that it fell outside the timeframe of Count 2, which covers alleged crimes committed between around July 2016 and July 2017.

“The Prosecution cannot now be permitted to broaden the temporal scope of the confirmed charges beyond the defined period the Prosecution itself established,” the chamber said.

It added that Incident 57 “falls outside the scope of the charges” and that considering it as part of the alleged criminal conduct “would exceed the facts and circumstances described in the charges.”

The chamber partially granted the defense’s second motion and ordered prosecutors to update their list of witnesses, list of evidence, and trial brief by October 16 to reflect the removal of Incident 57.

The defense had argued that the broad and non-exhaustive list of incidents made it difficult for Duterte to determine the specific allegations he must answer at trial.

Prosecutors, however, maintained that the eight additional incidents fell within the parameters of the charges already confirmed.

The case involves three counts of crimes against humanity: alleged murders in Davao City during Duterte’s mayoral term from 2013 to around June 2016; alleged killings of high-value targets between around July 2016 and July 2017; and alleged murders and attempted murders linked to barangay clearance operations from around July 2016 to September 2018.

The ICC’s latest ruling concerns the scope of the charges and the incidents that may be considered at trial. It is not a determination of Duterte’s guilt or innocence.

The former leader, who appeared in person at the court for the first time in mid-September, faces charges over his “war on drugs” that killed thousands.

Duterte, who ruled the Philippines between 2016 and 2022 and before that was mayor of the southern city of Davao, is the first Asian former head of state to face trial at the ICC.

The tribunal prosecutes individuals for the world’s worst crimes such as war crimes and crimes against humanity.