The Office of Public Counsel for Victims (OPCV) has called on the International Criminal Court (ICC) to dismiss former Philippine President Rodrigo Duterte’s legal team’s request to delay a ruling on the Court’s jurisdiction over alleged crimes committed during his administration’s war on drugs.
In a redacted public filing dated July 24, Principal Counsel Paolina Massidda argued that the defense’s request “lacks any proper procedural foundation” and is “at best premature,” stressing that it undermines victims’ rights to legal certainty and timely justice.
Key Points from the OPCV Filing:
– The defense’s arguments pertain to unrelated matters and do not affect the ICC’s jurisdiction over the alleged crimes.
– The Chamber is not currently seized of any concrete application relevant to the defense’s claims.
– Victims have a statutory right to participate in jurisdictional questions, and delaying the ruling would set a “dangerous precedent.”
– The jurisdictional challenge has already been fully briefed and is ready for adjudication under the Rome Statute.
The OPCV’s stance aligns with the ICC Prosecution, which also opposed the delay request on July 22, emphasizing that a prompt ruling would promote procedural efficiency.
Defense Strategy Ahead of September Hearing
In a separate filing released the same day, Duterte’s lead counsel Nicholas Kaufman outlined the defense’s approach for the upcoming confirmation of charges hearing. The team stated it would:
– Not call witnesses or submit written testimonial evidence, citing strategic concerns over credibility and disclosure.
– Present documentary evidence but no materials subject to inspection under Rule 78.
– Not raise an alibi or invoke Article 31 grounds for exclusion of criminal responsibility.
Kaufman reiterated concerns over undisclosed information received from an unnamed source, which the defense claims could impact the hearing. Despite ongoing investigations, the defense maintains these should not delay proceedings.
The ICC Pre-Trial Chamber has yet to rule on the defense’s request for an urgent status conference to address procedural matters related to the September hearing.
Duterte was arrested in March following a warrant issued by the ICC’s Pre-Trial Chamber. His legal team has repeatedly challenged the Court’s jurisdiction, citing the Philippines’ withdrawal from the Rome Statute in 2019. However, both the Prosecution and OPCV argue that the ICC retains jurisdiction over crimes committed while the country was still a State Party. (ZIA LUNA)
