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Janvic Mateo - The Philippine Star
April 7, 2025 | 12:00am
MANILA, Philippines — Contrary to claims circulating online, it will be the International Criminal Court (ICC), not the Philippine government, that will shoulder the expenses of those who will testify in the ongoing proceedings against former president Rodrigo Duterte, a lawyer said.
“Clarification regarding the participation of victims as witnesses in the ICC case against Duterte. The Philippine government will not be the one to spend for the witnesses, it will be the ICC using their own funds,” ICC assistant to counsel Kristina Conti said in Filipino.
“The ICC is very strict when it comes to witness qualifications, and even stricter if they are included in the witness protection program,” Conti said.
She urged Duterte’s supporters not to divert the issue by attacking the victims, noting that testifying before the international tribunal “is no joke.”
“They will not be considered as tourists given their schedule and movement limitations. They will also not be considered freeloaders, as the trade-off is the loss of livelihood, security threats and psychological trauma,” Conti added.
She called out those claiming that the deaths related to Duterte’s drug war only involved addicts or criminals.
“If you want to file a case in the ICC or elsewhere regarding crimes against humanity or murder, feel free to do so. Just be ready for the work, as comments on Facebook are not enough to serve as the basis for a case,” she added.
September hearing may still be postponed
Meanwhile, one of the five accredited lawyers of the ICC yesterday said the confirmation hearing on the crimes against humanity case of detained former president Rodrigo Duterte may still be postponed by the pre-trial chamber, amid the various petitions expected to be filed by the defense.
In an interview over Teleradyo Serbisyo, Joel Butuyan, president of the Center for International Law, said the announcement of lawyer Nicholas Kaufman – the lead legal counsel of Duterte – that his client’s core defense team for the ICC proceedings has been finalized, will hasten the process of the case against the former chief executive.
“It is good news that the legal team of former president Duterte is already complete as it will hasten the process as between now and Sept. 23, where the confirmation of charges will be heard, the camp of Duterte can file various petitions. This is the time where the camp of Mr. Duterte can file challenges and the application for interim release,” Butuyan said.
He added that the defense team is expected to question the jurisdiction of the ICC over Duterte.
“They can say that the Philippines is no longer a member (of the ICC), and therefore the jurisdiction of the ICC should not be recognized for the Filipino citizens,” Butuyan said.
He said Duterte’s camp can also question the implementation of the warrant of arrest against the former president, following his arrest in the Philippines.
“For the interim release, (the defense team) can say that the case (against Duterte) can proceed while he is outside and he can also file a petition to allow him to return to the Philippines while the case is ongoing. We expect all of this to be filed by the camp of former president Duterte,” Butuyan noted.
Duterte is being held at the Scheveningen penitentiary for crimes against humanity over his war on drugs.
According to Butuyan, the prosecution team is expected to oppose all the petitions to be filed by the defense team.
“If these (petitions) are filed near Sept. 23, the prosecution still needs to answer and both sides are expected to file answers. For me, there is a possibility that the deliberations of the petitions will overlap on Sept. 23, it is possible that the Sept. 23 initial hearing of the confirmation of charges may be postponed,” he said.
Butuyan said the appeals chamber of the ICC will hear any appeal of the prosecution.
“During the confirmation of charges, it will be discussed whether the case (against Duterte) will be continued to a trial. It will not be the pre-trial chamber who will hear the case. The main case will be heard by the trial chamber. If the pre-trial chamber says there is basis to demand prosecution, the case will be endorsed to the trial chamber, that’s the trial on the merit of the case,” he said. – Bella Cariaso
