THE International Criminal Court (ICC) has rejected a proposal of former President Rodrigo Duterte’s legal team to impose stricter requirements for verifying the identities of victims linked to his bloody war on drugs.
The ICC Pre-Trial Chamber I opted instead to uphold a more flexible approach, maintaining that the existing procedure is already sufficient in ensuring the credibility of the victim verification process.
In a document released by the ICC dated April 17, the chamber said Duterte’s camp had asked for a more rigid framework, insisting that the “types of documents that should be accepted by the Pre-Trial Chamber as proof of identity” must be limited to “a national identity card and or a passport containing an up-to-date photograph” or, in the absence thereof, to “those identification documents accepted in the staggered fashion mandated by the social security system of the Republic of the Philippines.”
The chamber declined this request and instead approved the Registry’s proposed list of identity documents, which included issuing entities and sample formats as sufficient proof of identity for victim applicants.
“The Chamber considers that the Registry has provided sufficient information regarding each document that it proposes to accept as proof of identity for victim applicants, including the issuing entity and samples,” the document stated.
“This information, together with the procedure for admission of victims to participate in the proceedings adopted above, already ensures the ‘reliability of the identity verification process and significantly reduces the risk of fraud,’” it added.
The chamber also acknowledged the Registry’s alternative recommendation: in the absence of standard identification, a declaration signed by two witnesses – accompanied by their identity documents – can be submitted to confirm either the applicant’s identity or their relationship to the victim.
According to the Registry, multiple forms of government-issued IDs may be considered in place of a passport or national ID, including senior citizen and persons with disability cards, National Bureau of Investigation or police clearance, voter’s certification with dry seal, and driver’s license.
The chamber took note of the practical challenges faced by Filipinos in obtaining national IDs, citing the Registry’s observation that the Philippines is still rolling out a centralized national identification system.
“‘Most Filipinos do not have national ID cards and, while birth certificates are more common, this cannot be assumed for everyone’; and (iii) the Registry ‘anticipates that some applicants will require the option of unofficial identity documents,’” the court document noted.
Previously, Duterte’s lead counsel, Nicholas Kaufman, urged the court to adopt a stricter standard for verifying the victims’ identities, warning about the potential risks of fraud and misidentification.
“Limiting the range of identity documents enhances the reliability of the identity verification process and significantly reduces the risk of fraud,” Kaufman argued.
Editor’s Note: This is an updated article. Originally posted with the headline “ICC rejects Duterte’s bid for stricter rules on identifying drug war victims.”