ICC Refutes Duterte’s Pleas Ahead of Charges Confirmation Hearing
In a unanimous ruling, the ICC’s Pre-Trial Chamber rejected a defense motion to compel the prosecution to provide additional identifying information about certain witnesses and to submit less-redacted versions of key documents, including one containing the charges and the pre-confirmation brief.
The judges also dismissed a request to disqualify the external legal representatives of victims of Duterte’s anti-drug campaign, ruling that his lawyers had not demonstrated a sufficient conflict of interest or legal reason to remove the victims’ counsel.
The four-day hearing, beginning Monday in The Hague, will assess whether there are substantial grounds to believe that Duterte committed crimes against humanity linked to killings during his tenure as mayor of Davao City and later as president from 2016 to 2022.
Duterte, currently detained, will not attend the proceedings either in person or online, having waived his right to be present while disputing the ICC’s jurisdiction and citing health concerns.
Presiding Judge Iulia Antoanella Motoc, joined by Reine Alapini-Gansou and Maria del Socorro Flores Liera, stated that existing redactions—which protect the identities of victims and witnesses—strike an appropriate balance between public transparency and the court’s duty under the Rome Statute to safeguard the dignity and security of those involved.
The prosecution had previously argued that redactions were necessary due to the sensitive security information concerning witnesses and victims. The chamber additionally denied the defense request to compel disclosure of certain witnesses’ locations and availability, noting that no legal grounds supported such a demand under ICC procedures.
Both the defense and prosecution have been granted prior requests to expand their lists of evidence for the upcoming hearing.
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