The International Criminal Court (ICC) has denied a request by former president Rodrigo Duterte’s legal team to limit the types of documents that can be used to verify the identities of victims in the ongoing investigation into alleged crimes against humanity linked to his anti-drug campaign.
In a 20-page order dated April 17, the ICC’s pre-trial chamber approved the list of identification documents submitted by the Registry, which will be used to assess victim applications for participation in the proceedings.
The chamber ruled that the Registry had provided sufficient details regarding each type of document, including the issuing body and sample formats, to ensure the reliability of the verification process and minimize the risk of fraud.
The chamber also noted the Registry’s provision for alternative identification in cases where standard documents are unavailable. This includes declarations signed by two witnesses, accompanied by their own identification, to verify an applicant’s identity or relationship to a victim.
However, the pre-trial chamber agreed with the defense that applications relying solely on such declarations or on documents not included in the approved list would be subject to individual review, based on the Registry’s assessment and recommendations.
Duterte’s lawyer, Nicholas Kaufman, had earlier opposed the Registry’s non-sequential list of 30 recommended IDs, arguing that it deviated from the Philippine Social Security System’s identification framework. He urged the court to require only a national ID or passport with a current photo, saying it would streamline the process and ensure greater consistency.
The ICC Registry noted that while the Philippines is implementing a national ID system, delays in the distribution of ID cards remain an issue.
The investigation concerns alleged crimes against humanity involving at least 43 killings linked to the so-called Davao Death Squad and police operations conducted from November 1, 2011 to March 16, 2019, spanning Duterte’s time as mayor and president.
ICC Prosecutor Karim Khan is expected to submit at least 8,565 pages of written evidence by July 1. The court has scheduled the confirmation of charges hearing for September 23.