Detained former President Rodrigo Duterte’s legal team has submitted a request to the International Criminal Court (ICC) urging the court to restrict the number of victims allowed to participate in his trial—and to enforce stricter requirements for verifying their identities.
In a document filed on April 7, Duterte’s defense lawyer, Nicholas Kaufman, proposed that only national identification cards or current Philippine passports be accepted as proof of identity. Kaufman argued that a limited range of accepted documents would streamline proceedings by reducing the risks of misidentification, double-counting, and fraud. He added that if a national ID or current passport is unavailable, the court could consider accepting valid identification recognized by the Social Security System in a phased manner. The submission contended that the current approach, which permits varied documents, may open the door to unreliable verification and prolonged legal disputes.
However, ICC Assistant to Counsel Kristina Conti criticized the proposal as “out of touch and harsh,” suggesting that the insistence on national IDs and passports is unrealistic given the delays and challenges in obtaining such documents in the Philippines. Conti argued that these requirements would effectively exclude many victims—especially those from poorer backgrounds—from being officially recognized. She emphasized that passports, in particular, are typically available only to those with the means to travel abroad and noted that imposing such a standard could discourage victim participation.
International law expert Joel Butuyan also weighed in, asserting that Kaufman’s demands reflect a lack of sensitivity to the local context. Butuyan explained that the types of IDs being required are generally accessible only to the wealthy and privileged, meaning that most victims—many of whom are already suffering tremendous loss—would be unfairly excluded from the identification process. “Excluding victims based on their lack of government-issued IDs would make them suffer grave injustice twice over,” Butuyan said.
This procedural dispute unfolds against the backdrop of the high-profile charges against Duterte. The former president stands accused of crimes against humanity related to his long-running campaign against drug users and dealers. While official records cite around 6,000 deaths resulting from his drug war, human rights groups estimate that the number could be as high as 30,000. The charges pertain to incidents involving, among others, alleged actions by the Davao Death Squad and other police operations during his time in office, with incidents reported between November 1, 2011, and March 16, 2019.
Duterte’s appearance via video link before the ICC Pre-Trial Chamber on March 14 marked a historic moment, as he became the first former Asian head of state to face such charges. The defense counsel’s recent submission is viewed as part of a broader strategy in the forthcoming pre-trial proceedings, setting the stage for a contentious debate on how best to balance procedural efficiency with the equitable and inclusive participation of victims in the trial process.