ICC Victim Depiction & Duterte Case Update
The International Criminal Court (ICC) is currently navigating the process of victim representation in the case against former Philippine President Rodrigo Duterte, who was arrested in March 2025 and is now detained at the Court’s facility. The case centers on alleged crimes against humanity, specifically murder, linked to his management’s anti-drug campaign, which resulted in at least 6,000 deaths between november 1, 2011, and March 16, 2019.
The ICC Registry recently submitted a report to Pre-Trial Chamber I regarding applications for victim participation. Of the applications received, 15 (Group A) met the criteria of demonstrated verified identity, proof of harm, and a direct connection to alleged crimes committed during the anti-drug campaign, representing a total of 29 individuals. An additional 18 applications were solely for reparations and are being considered separately. The Registry’s confidential annex details the reasons why applications in Group B did not meet the established criteria. Applications in Group C, where a clear determination couldn’t be made, were submitted separately on august 20th.
A point of contention has arisen regarding the Registry’s proposal to monitor lawyers representing victims.The Office of Public Counsel for Victims (OPCV), led by Principal Counsel Paolina Massidda, formally opposed the proposal in a public filing on Saturday. Massidda argued that such monitoring is “inappropriate and without legal foundation,” asserting that the Registry’s role should not extend to overseeing how appointed legal representatives fulfill their mandate.
She emphasized that ICC lawyers are already bound by a strict Code of Professional Conduct, ensuring ethical representation and client communication. Massidda warned that a new oversight mechanism could compromise counsel independence, undermine the Registry’s neutrality, and create an unfair disparity in treatment compared to defense counsel. The OPCV believes existing complaint procedures within the Code of Conduct are sufficient to address any concerns regarding victim representation.
The OPCV expressed its continued willingness to represent victims collectively, individually, or as part of a team until permanent common legal representatives are appointed. Massidda advocated for a combination of OPCV lawyers and external counsel,notably from the Philippines,citing their cultural understanding,access to affected communities,and ability to provide effective representation.A redacted version of the Registry’s filing has been made public, while full reports and annexes remain confidential as per Court regulations. Pre-Trial Chamber I, consisting of Judges Iulia Antonnella Motoc, Reine Adélaïde Sophie Alapini-Gansou, and María del Socorro Flores Liera, will now review both the Registry’s report and the OPCV’s observations to determine the framework for victim representation during the upcoming confirmation of charges hearing.This hearing will assess the evidence against Duterte for the alleged crimes against humanity.
