The prosecution and the legal representatives of victims have asked the International Criminal Court (ICC) to dismiss former President Rodrigo Duterte’s bid to have the form of the crimes against humanity charges against him revised.
Duterte’s defense team, led by counsel Peter Haynes, filed a motion dated August 31 seeking to have the charges reformulated and a new charging document submitted to the ICC Pre-Trial Chamber.
The defense argued that the existing document was inadequate, describing it as “is not fit for purpose and should be struck out.”
In separate submissions filed on September 10, however, both the prosecution and the victims’ representatives urged the chamber to deny the request.
The victims’ common legal representatives argued that the defense was effectively challenging how the Pre-Trial Chamber had previously defined and confirmed the charges, rather than simply questioning their form.
“Although presented as a challenge to the ‘form’ of the Document Containing the Charges, it contests, in substance, the manner in which Pre-Trial Chamber I delineated and confirmed the charges.”
The prosecution similarly maintained that the issue had already been settled in an earlier decision by the chamber.
“In the Confirmation Decision, the Pre-Trial Chamber explained the distinction between the two notions. In doing so, it applied relevant and settled jurisprudence of the Court.”
The prosecution also pointed to ICC jurisprudence stating that a charging document does not have to identify every individual criminal act allegedly supporting a charge.
The victims’ representatives made a similar argument, warning that requiring an exhaustive list of alleged acts could unnecessarily narrow a case involving claims of widespread and systematic crimes and potentially exclude victims whose experiences fall within the scope of the allegations.
The prosecution, meanwhile, stressed that Duterte’s personal criminal liability would extend only to incidents covered by the charges confirmed by the chamber and proven beyond reasonable doubt.
“Mr Duterte is not charged with individual responsibility for all those acts even if proven. Rather, he will only be held responsible only for those incidents to which it is proved beyond reasonable doubt that he contributed, with intent and knowledge.”
Duterte’s next status conference before the ICC is scheduled for September 16, while his trial is set to commence on November 30.