ICC Prosecution Says Substantial Grounds Met to Confirm Duterte Case

The hague: The International Criminal Court (ICC) prosecution argued that the 'standard for substantial grounds' to confirm the charges against former president Rodrigo R. Duterte is met and enough for a full trial to proceed.

According to Philippines News Agency, in the prosecution's closing statement on the final day of Duterte's confirmation hearing on Friday, senior trial lawyer Julian Nicholls stated that lead defense counsel Nicholas Kaufman's presentations over the past two days demonstrated why the case should go to trial. Nicholls remarked that Kaufman's approach resembled a closing argument after a trial, which reinforced the necessity for the case to proceed to trial.

Nicholls contested the defense's argument that 'neutralization' in the drug campaign was merely about subduing suspects. He indicated that evidence suggests it means 'to kill.' He acknowledged the challenge of proving this beyond reasonable doubt but asserted that there are substantial grounds for the charges.

The defense, represented by Kaufman, argued that there was 'no smoking gun' in the case and that the prosecution had not established Duterte as an indirect co-perpetrator. Duterte faces accusations related to crimes against humanity of murder and attempted murder tied to the anti-illegal drugs campaign during his periods as Davao City mayor and President of the Philippines.

The ICC prosecution holds Duterte "individually criminally responsible" for indirect co-perpetration, ordering and inducing, and aiding and abetting the following counts: murders by the Davao Death Squad during his mayoral period, murders of high-value targets during his presidential period, and murders and attempted murders in village clearance operations during his presidential period.

Victims' representative Gilbert Andres, in his closing statement, challenged Kaufman's submissions regarding the use of Duterte's speeches to show criminal intent, emphasizing that presidential statements constitute policy under Philippine law.

The hearing aimed to assess whether there is sufficient evidence to establish substantial grounds that Duterte committed the crimes charged by the ICC prosecution. The ICC Pre-Trial Chamber will issue a decision on confirming the charges within sixty days of the hearing.