ICC appeal for more drug war witnesses a standard practice — victims’ counsel

THE International Criminal Court’s (ICC) recent public appeal for additional witnesses in its investigation into former Philippine President Rodrigo R. Duterte’s “war on drugs” is a normal and expected step in the court’s proceedings, according to an ICC-accredited lawyer.

The Office of the Prosecutor (OTP) earlier issued a formal call for individuals with relevant information to come forward, specifically noting that members of the Philippine National Police (PNP) and other law enforcement agencies who participated in or witnessed killings and alleged abuses between 2011 and 2019 may be asked to speak with investigators.

Maria Kristina C. Conti, ICC assistant to counsel representing victims of drug war, said this development does not signal weakness in the prosecution’s case, but rather reflects standard ICC practice.

“Yes, it’s the usual order of business in an OTP investigation,” Ms. Conti told BusinessWorld by telephone. “It is incorrect to say that there is insufficient evidence.”

She explained that the ICC process differs significantly from criminal proceedings in the Philippines, particularly in how investigations are conducted.

“The process in the ICC is a bit different from what we understand in the Philippines. In the ICC, the investigation can continue in parallel with a case or cases. Until the investigation is formally closed, the prosecution may conduct its investigation however it may see fit,” she said:

Ms. Conti added that the ongoing solicitation of witnesses should not be interpreted as a setback for the crimes against humanity case against Mr. Duterte, but as part of the prosecution’s effort to further strengthen and corroborate existing evidence.

“ICC records on the Duterte case show that some 5,000 items of evidence have been submitted by the prosecution to the defense, belying claims that there is no evidence against Duterte,” she said.

Meanwhile, the PNP said on Monday it will neither compel nor prevent its officers from testifying before the international tribunal.

“We remind our personnel that cooperation is a personal legal decision,” said PBGen. Randulf T. Tuaño, chief of the PNP Public Information Office, during a livestreamed briefing at Camp Crame. “The official PNP line is that no member is barred or forced to testify if they choose to respond to the ICC’s call.”

Mr. Duterte remains under the ICC’s custody in The Hague following his arrest in Manila last March as his legal team and the court continue to address medical assessments and jurisdictional issues. Although the Philippines withdrew from the ICC in 2019, the tribunal maintained jurisdiction over alleged crimes committed while the country was still a party. — Erika Mae P. Sinaking