THE International Criminal Court (ICC) Registry has received only 303 applications for victim participation in the case against former Philippine president Rodrigo Duterte, citing the lack of publicly available information on the charges as a key reason for the low turnout.
In a report dated Dec. 19 and submitted to Pre-Trial Chamber I, the Registry said the limited number of applications stemmed from the absence of a public version of the Prosecution’s Document Containing the Charges (DCC), which was filed confidentially on July 4.
Because the charging document remains undisclosed, the ICC’s Victims Participation and Reparations Section said it has been unable to inform potential applicants about the specific crimes Duterte is accused of committing.
Victim support groups also told the court they would only begin assisting applicants once the DCC is made public and its scope clarified.
Of the 303 applications received, the Registry noted that fewer than five percent appeared to relate to the 78 counts of murder and attempted murder listed in the confidential charging document.
Most submissions described alleged killings linked to Duterte’s anti-drug campaign during his tenure as Davao City mayor from 2011 to 2016 and as president from 2016 to 2019, but did not fall within the incidents currently covered by the charges.
Due to the large number of so-called “Group C” applications, cases where victim status could not be immediately determined, and time constraints, the Registry submitted a sample of 10 applications for judicial review.
It also provided excerpts from other submissions detailing trauma, financial hardship, and fear of retaliation.
In one account cited by the Registry, a victim’s father said the family chose not to pursue a case out of fear, believing they would not prevail and could face deadly consequences.
Separately, lawyers representing victims urged ICC judges to deny a defense request seeking information about a group of participating victims.
In a filing also dated Dec. 19, the Office of Public Counsel for Victims argued that the defense was attempting to revisit issues already under appeal, including a bid to disqualify Chief Prosecutor Karim Khan.
The victims’ counsel said the defense motion challenged a procedural ruling issued by Pre-Trial Chamber I in April, which established an “A-B-C approach” to victim participation.
Under this framework, applications from “Group A” victims are submitted only to judges at the pre-trial stage and are not disclosed to the defense.
Granting the defense request, the victims’ lawyers warned, could endanger victims by exposing identifying information, in violation of protections under the Rome Statute.
They added that the information sought was not necessary for the defense at this stage and would only be subject to disclosure if any Group A victims later testified as prosecution witnesses.
The Registry also asked the Chamber to clarify procedural matters, including acceptable identity documents and whether the case is limited strictly to the 78 named incidents or covers a broader pattern of alleged crimes.
Duterte was surrendered to the ICC on March 12 and faces charges of murder under the Rome Statute over his controversial anti-drug campaign.
Pre-Trial Chamber I, chaired by Judge Iulia Antoanella Motoc, is expected to rule on the pending defense request.