Duterte lawyer pushes ICC to tighten ID rules for drug war victims, draws criticism from victims' counsel

Filipino Times

10-04-2025

The legal team of former President Rodrigo Duterte has requested the International Criminal Court's (ICC) Pre-Trial Chamber I to enforce stricter rules for identifying victims who wish to participate in the drug war trial, arguing that only national ID cards or passports with recent photos should be accepted for verification.
Lead defense counsel Nicholas Kaufman said the move would prevent fraud and ensure more reliable identification. If these IDs are unavailable, he proposed a staggered ID system, similar to that used by the Social Security System.
Kaufman warned that accepting varied and loosely verified documents could result in misidentification, duplicate entries, or false victim claims, leading to delays in the proceedings.
The ICC Registry previously allowed other government-issued IDs, citing delays in the national ID rollout. But Duterte's camp argued that this approach was vague and overly broad.
The defense also requested that only the ICC's Office of Public Counsel for Victims represent victims in court, pushing back against a Registry recommendation to allow victims' current lawyers to continue submissions while waiting for a common legal representative to be appointed.
Kaufman argued that multiple submissions would burden the defense and delay the trial, potentially violating Duterte's right to a speedy process.
Human rights lawyer Kristina Conti, who represents drug war victims, called the petition an 'anti-poor' attempt to restrict victim participation. She emphasized that many victims' relatives lack the financial means to secure the proposed identification documents.
'This is an attempt to reduce the number of participating victims,' Conti said. 'Even if there are just ten victims, the case will go on.'
She clarified that participating victims need not testify like prosecution witnesses but can offer personal perspectives, which the court considers vital.
Duterte, 80, is currently detained by the ICC after his arrest in Manila on March 11. He faces a charge of murder related to 43 extrajudicial killings from 2011 to 2019, during his presidency and term as Davao City mayor. More charges could be filed depending on additional evidence expected at the confirmation of charges hearing in September.
Duterte's camp is also seeking his temporary release before trial, a move that victim lawyers plan to oppose.
While government figures list over 6,000 deaths during the drug war, rights groups estimate the real toll could be as high as 30,000, mostly from impoverished communities.