The Market Monitor Minding the Nation's Business
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 barred a separate incident for falling outside the period covered by the confirmed charges.
In an Oct. 9 decision, Trial Chamber III ruled that Incidents 50 to 56 could be considered within the existing charges, rejecting the defense’s argument that the additional allegations expanded the case beyond its confirmed scope.
The chamber excluded Incident 57, saying it fell outside the period covered by Count 2, which concerns alleged killings of high-value targets 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.
The ruling partially granted the defense’s motion and directed prosecutors to update their witness list, evidence list and trial brief by Oct. 16 to remove Incident 57.
Duterte’s defense had challenged all eight additional incidents, arguing that they introduced new locations, alleged perpetrators, victims and dates, making it difficult for the former president to determine the specific allegations he must answer at trial. Prosecutors maintained that the incidents fell within the parameters of the charges already confirmed.
The chamber also rejected the defense’s request to require prosecutors to refile a document containing a complete and defined list of alleged crimes. It said the court lacked authority to order the prosecution to refile such a document before the Pre-Trial Chamber.
The judges further found that the confirmed charges, information provided during pre-trial proceedings and other documents gave Duterte sufficient notice to prepare his defense.
The case involves three counts of crimes against humanity. These cover alleged murders in Davao City during Duterte’s mayoral tenure from 2013 to around June 2016; alleged killings of high-value targets from around July 2016 to July 2017; and alleged murders and attempted murders linked to barangay clearance operations from around July 2016 to September 2018.
Duterte, who served as president from 2016 to 2022, faces the charges in connection with his administration’s war on drugs and alleged killings during his time as Davao City mayor.
The ICC prosecutes individuals accused of serious international crimes, including crimes against humanity and war crimes. The latest decision addresses which alleged incidents may be considered at trial and does not determine Duterte’s guilt or innocence.