The Pre-Trial Chamber I of the International Criminal Court (ICC) rejected former president Rodrigo Duterte’s defense team’s proposal to limit the acceptable identity documents for relatives of the victims of the drug war, and instead will allow various types of government IDs for their participation in the proceedings.
Former president Rodrigo Duterte at his initial appearance hearing via video link on March 14, 2025, at the International Criminal Court in The Hague, Netherlands. Also in the photo is his legal counsel, former executive secretary Salvador Medialdea. (ICC Photo)
The easing of the identification rules meant that the PTC would not limit the acceptable IDs to passports or National IDs, which Duterte’s defense team argued would prevent misidentification of victims and their families in the former president’s crimes against humanity of murder case at the ICC.
This was stated in the 20-page “Order on the conduct of confirmation proceedings” uploaded on April 17 on the ICC website.
The Pre-Trial Chamber (PTC) I agreed with the ICC Registry’s suggestion to consider multiple government IDs in the absence of passports and National IDs for individuals to be recognized as family members or relatives of the drug war victims.
The Registry provides administrative and judicial support to the Court.
“The Chamber considers that the Registry has provided sufficient information regarding each document that it proposes to accept as proof of identity for victim applicants, including the issuing entity and samples. This information, together with the procedure for admission of victims to participate in the proceedings adopted above, already ensures the ‘reliability of the identity verification process and significantly reduces the risk of fraud’,” the PTC said.
“In light of these considerations, the Chamber accepts the documents proposed by the Registry as proof of identity for applicants and those acting on their behalf,” it added.
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The PTC also said that the recommendation of the ICC Registry to accept as proof of identity “a declaration signed by two witnesses and accompanied by the identity documents of such witnesses, which establishes the identity of the applicant or the person acting on behalf, or the relevant kinship” will be decided “on an ad hoc basis, upon receipt of the Registry’s assessment and recommendations.”
Earlier, Duterte’s lawyers argued that the PTC should only accept passports and National IDs as proof of identity for those who want to join the proceedings because “adopting a more stringent approach” will ensure that there would be no misidentification, double-counting, and the inclusion of false victims.
Amicus curiae
In a separate decision dated April 17, ICC’s PTC I also denied the premature bid for a submission of an amicus curiae observations into the former president’s case.
An amicus curiae, which translates to friend of the court, refers to a person or organization that provides information or observation about the case in the hopes of aiding the court in its decision.
“At this stage of the proceedings, the Chamber cannot determine whether it is desirable for the proper determination of the case to receive amicus curiae observations,” the PTC said in a five-page ruling uploaded on the ICC website.
“Therefore, the Rule 103 Request is premature and shall be rejected. Should the applicant wish to resubmit the request at the appropriate stage of the proceedings, it shall do so pursuant to the procedure set out below,” it added, without naming the individual or organization who sought the Chamber’s clearance to submit its observation.
Rule 103 of the Rome Statute stated that the Chamber may invite or grant authority to a state, individual, or organization to submit, whether in writing or orally, its observation on an issue.
Jurisdiction
In the same five-page ruling titled “Decision on a request for leave to submit amicus curiae observations and setting the procedure regarding requests for authorisation to file submissions,” the PTC I said that the defense is expected to challenge the ICC’s jurisdiction on Duterte’s case.
“While the Defence has anticipated that it will ‘raise a challenge pursuant to Article 19(2) of the Rome Statute in due course’, 5 the Chamber is not currently seized of the matter,” it said.
Article 19(2) of the Rome Statute provides an avenue for the defense to challenge the jurisdiction of the ICC.
Duterte’s defense team is expected to argue that the Philippines’ withdrawal from the ICC in 2019 meant it has no jurisdiction over the crimes the former president allegedly committed while in power.
However, both the Supreme Court and the ICC are in agreement that the international court has jurisdiction over the crimes committed in the Philippines until the withdrawal from membership became effective in March 2019.
Continuing probe
Further, the PTC also took note that the prosecution is currently continuing its investigation of Duterte.
“The Chamber notes that the Prosecution ‘is continuing its investigation regarding Mr [Duterte]’ and ‘intends to review and disclose any new evidence collected during this investigation on a rolling basis’,” the PTC said.
It, however, reminded that while the prosecution is entitled to continue its investigation, “neither the disclosure process nor the confirmation of charges hearing may be made conditional on the completion of additional investigations.”
“For this reason, the Prosecution shall conduct its investigative activities in a way that will not affect the disclosure process or the conduct of the confirmation of charges proceedings and hearing,” it added.
Witness protection
Earlier, the prosecution said that it would “request protective measures” for witnesses who will testify viva voce, or in person, at the confirmation hearing.
In the 20-page confirmation hearing conduct, the PTC ordered the prosecution to submit requests for the non-disclosure of witnesses’ identities by May 23.
It also said that the prosecution “must conclude the risk assessments and implementation of measures to protect witnesses and persons at risk by the same date.”
The chamber ordered as well that applications to withhold the identity of the witnesses must be submitted by May 9.
“Specifically as to applications to withhold the identity of witnesses, the Chamber recalls that the Prosecution shall submit such applications regarding a number of witnesses by no later than 9 May 2025,” it added.
The confirmation of charges for the former president is set on Sept. 23, following his arrest in Manila on March 11. He was sent to The Hague via a chartered flight and arrived there the next day, March 12.
The former president first faced via teleconference the PTC I on March 14 to formally hear the charges against him, as well as be informed of his rights under the Rome Statute.
The confirmation of charges is a pre-trial phase, wherein the Chamber will determine whether the court must proceed with the trial.
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