ICC ‘appropriate forum’ for legal arguments, Prosecution says amid Duterte defense claims

  • Photo courtesy of Senate of the Philippines

The Office of the Prosecutor at the International Criminal Court (ICC) has reiterated that the tribunal is the “appropriate forum” for legal arguments and submissions, following statements from former president Rodrigo Duterte’s defense team disputing the prosecution’s latest filing.

The response came after Duterte’s lead counsel, Atty. Nicholas Kaufman, criticized the prosecution’s Document Containing the Charges (DCC), which named alleged co-conspirators in connection with the former president’s anti-drug campaign.

“The Office of the Prosecutor does not generally comment on public statements or speculations made by counsel,” its Public Information Unit said when asked to respond to Kaufman’s remarks.

The prosecution emphasized that it “works independently and strictly on the basis of the Rome Statute, the evidence available, and applicable law”.

“The Office remains focused on its mandate, in accordance with the established legal process. As previously stated, we cannot provide comments on matters related to ongoing investigations,” the statement read.

Kaufman had earlier said the defense “have known the identities of the alleged co-perpetrators for almost a year and, as required by the Court, have guarded them in absolute confidentiality.”

The DCC identified eight alleged co-conspirators, including incumbent senators Ronald dela Rosa and Bong Go, as well as several police officials from Duterte’s time as mayor of Davao City and later as president.

Kaufman described media coverage of the list as “sensational reporting” and questioned the timing of further proceedings.

“It flies in the face of prosecutorial logic to seek further warrants in the Philippines situation before the decision of the Appeals Chamber on the former President’s jurisdictional challenge. The sensational reporting of this list, however, is clearly politically motivated and designed to decimate the Senate in the hope of perverting the democratic will of the Filipino people,” he he told GMA Integrated News in a message 

Duterte has been detained at the Scheveningen Detention Center in The Hague for nearly 11 months. He is under investigation for alleged crimes against humanity linked to his administration’s anti-drug campaign.

The confirmation of charges hearing is scheduled for February 23, 24, 26 and 27, when judges will determine whether there is sufficient evidence for the case to proceed to trial.

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