Defense seeks amended charges, interim release for Duterte if ICC reclassifies liability

Reevaluating Liability The Case for Amended Charges and Interim Release in the ICC's Investigation of Duterte

As professionals committed to promoting fairness and justice, we recognize the critical importance of meticulous investigation processes. The ongoing investigation at the International Criminal Court (ICC) into the alleged crimes of former President Rodrigo Duterte is a prime example of the need for careful consideration and attention to detail.

In recent developments, Duterte's defense counsel has requested that ICC judges order the prosecution to revise its charges and consider interim release if the chamber decides to alter the legal basis of liability. This move highlights the significance of accuracy and fairness in the investigation process.

The Defense's Case

During the continuation of the confirmation of charges hearing, defense lawyer Nicholas Kaufman presented a compelling argument. He emphasized that any reclassification of Duterte's alleged criminal responsibility would require the resubmission of both the Document Containing the Charges and the prosecution's pre-confirmation brief, as the legal basis of liability has changed.

Kaufman also drew attention to Regulation 55 of the court's rules, which allows for modification of the legal characterization of the alleged conduct. He warned that exercising this discretion at this stage would effectively reshape the prosecution's case, currently relying on theories such as indirect co-perpetration, ordering, and aiding and abetting under Article 25 of the Rome Statute.

The ICC's Rules

In light of these developments, it is essential to consider the ICC's rules and regulations. The defense counsel has highlighted the importance of maintaining fairness and avoiding prejudice to the accused. Kaufman emphasized that if judges were inclined to proceed with reclassification, the prosecution should be required to formally revise its submissions and Duterte should be released while the amended documents are prepared and reviewed.

The Strength of the Prosecution's Case

The defense team has expressed concerns regarding the prosecution's case. Kaufman argued that prosecutors have failed to present documentary evidence of direct orders allegedly issued by Duterte or demonstrate a clear chain of command linking him to the 49 incidents cited in the charges. This lack of concrete evidence raises questions about the strength of the prosecution's case and highlights the importance of a thorough investigation.

The Importance of Fair Process

As professionals committed to promoting fairness and justice, we understand that the outcome of this investigation will have far-reaching implications for accountability and the rule of law. By recognizing the importance of fair process and accurate filings, we can ensure that the ICC's findings are based on solid evidence and not influenced by biased or incomplete information.

Conclusion

The defense team's request for amended charges and interim release is a crucial reminder of the need for careful consideration in high-stakes investigations like this one. By prioritizing fairness, accuracy, and transparency, we can build trust in the ICC's process and ensure that justice is served.

Keywords ICC, International Criminal Court, Rodrigo Duterte, defense counsel, amended charges, interim release, fair process, accurate filings, justice, accountability.

Edward Lance Arellano Lorilla

CEO / Co-Founder

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