ICC prosecutor has filed document containing charges vs Duterte — EJK victims' lawyer

Former Philippine president Rodrigo Roa Duterte makes his initial appearance before the Pre-Trial Chamber I of the International Criminal Court, March 14, 2025. Handout/ICC

MANILA (UPDATED)— The International Criminal Court's Office of the Prosecutor has submitted the Document Containing Charges against former President Rodrigo Duterte, but sensitive details such as names have to be redacted before it can be released to the public, a lawyer representing victims of alleged extrajudicial killings said.

The document will eventually be made available on the ICC website.

"'Yung public version niyan — kasi mayroong mga security risk sa mga pangalan, nakasaad man doon, kung meron man. Kaya ipapalabas lang 'yan kung naka-redact na 'yung mga pangalan kung kailangan proteksyunan," Atty. Gilbert Andres told DZMM Teleradyo.

(The public version will only be released when the names of those that need to be protected have been redacted)

He said that while Duterte faces a "broad charge" of crimes against humanity, the DCC specifies what these are.

"Ito na po 'yung talagang pormal na sampa laban kay Mr. Duterte, malalaman po natin 'yung apat na sulok kung ano po 'yung mga krimen na talagang sinampa kay Mr. Duterte," said Andres.

He said that could include accusations of gender-based violence, imprisonment on arbitrary grounds, and torture and other inhuman acts in the context of the Duterte administration's violent "war on drugs".

Andres further underscored that the document would serve as a guide for all parties in the conduct of the trial.

"Ito yung magde-define kung ano yung kailangan i-present na evidence ng prosecution doon sa confirmation of charges sa September 23," he also said.

He said the DCC will also lay down which witnesses, documents and evidence will need to be presented and will be the basis for the defense panel's strategy moving forward.

ARREST WARRANT FIRST

Andres emphasized the ICC's process differs from that of Philippine courts, as an arrest warrant was issued for Duterte before formal charges were submitted.

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He said that the procedure is in the Rome Statute, the treaty creating the ICC and which the Philippines was a signatory to until 2019.

"Nauuna ang arrest warrant kasi ang konteksto naman nito, international crime. So nasa iba't ibang parte ng mundo yung mga suspect, mga accused, kaya ang arrest warrant ay para ma-satisfy 'yung ICC or talagang ma-fulfill yung kondisyones na nandoon nga 'yung suspek nasa kustodiya ng ICC," he explained.

(The arrest warrant is issued first because the context is international crime. The suspects, or accused, are in different parts of the accused and the arrest warrant is to satisfy the ICC requirement that of having custody of the accused) 

Andres also welcomed the decision of the ICC Plenary of Judges to unanimously reject the request of the defense to disqualify Judge Reine Adélaïde Sophie Alapini-Gansou and Judge María del Socorro Flores Liera from Duterte's case. 

"Syempre we're quite relieved, natutuwa po kami at talagang binasura na po, ni-reject na po ng plenary of judges itong application for disqualification na finile ng defense," Andres said.

On July 3, the ICC Plenary of Judges explained the grounds for rejecting the request, saying that it considers 'no actual nor reasonable apprehension of bias' on the part of the two judges and that they acted in accordance with the judicial duties assigned to them under the Rome Statute.

DISCLOSURE OF EVIDENCE

The Office of the Prosecutor recently disclosed a new batch of evidence containing 1,062 items which according to Andres will prove 'contextual evidence' of crimes against humanity.

Categorized into ten themes, Andres stated that the document shows evidence of crimes against humanity for murder of Duterte's Davao Death Squad from 2011 – 2013 and his Oplan Tokhang during his presidency.

"At nandyan din po yung mga dokumento at ebidensya na magpu-prove ng mode of liability ano kasi yung nasa arrest warrant nga ni Mr. Duterte ay indirect co-perpetrator po siya equivalent po 'yun parang 'mastermind' 'yun 'yung equivalent niyan sa Philippine domestic criminal proceedings," he noted. 

"Doon yung mga dokumento or evidence na magpapatunay ng contextual element ng crimes against humanity. Ano ba ang contextual element? That there was a widespread and/or systematic attack against the civilian population na naging state policy nga po siya," Andres noted.

'MORE DETAILS ON ALLEGED CRIMES'

Atty. Kristina Conti, ICC assistant to counsel, earlier said the document is expected to contain more details about Duterte's role and participation in the crimes he is accused of. 

"We'd likely see a repetition of what was in the warrant of the arrest and more. Again, there's a different standard of evidence in the warrant, and for the document containing the charges... It will be more comprehensive than the warrant," she said.

Duterte arrested on ICC warrant over drug war killings

Conti also said she has been receiving reports that there are cyber attacks on ICC's website which she found alarming.

Duterte's defense team, meanwhile, is mulling to submit the Senate committee report on his arrest as part of their plea for interim release, which contained alleged irregularities on Duterte's arrest. 

The Prosecution has opposed Duterte's request for interim release.

Duterte is currently detained at The Hague in Netherlands as he faces charges of crimes against humanity over his term's bloody war on drugs.