ICC prosecutors drop one drug war killing from Rodrigo Duterte case
MANILA, Philippines — Prosecutors at the International Criminal Court have dropped one alleged killing of a high-value drug target from their case against former president Rodrigo Duterte, after judges ruled it fell outside the time frame of the charge, according to a court filing.
The killing, listed as Incident 57, was one of eight that prosecutors sought to add to the case ahead of trial. They filed it under Count 2, which covers the alleged murders of “high-value targets,” or suspected major drug figures, during Duterte’s first year as president, from July 2016 to July 2017.
In an October 9 ruling, Trial Chamber III said the killing fit the type and locations of crimes covered by Count 2 but took place outside that period. The judges said prosecutors could not stretch the defined period that they themselves established for the case.
The judges admitted the seven other new incidents, bringing the total to 56, up from 49 when the charges were confirmed in April. An incident can involve more than one victim: the original 49 cover 76 murders and two attempted murders. The court has not said publicly how many victims the seven new incidents add.
The filing, dated Wednesday, October 20 and signed by Acting Prosecutor Mame Mandiaye Niang, shows prosecutors removed Incident 57 from their trial brief, the document that lays out the case they will present in court.
Prosecutors, however, left their lists of witnesses and evidence unchanged, although the October 9 ruling had ordered those updated as well. They said material connected to the killing, combined with other evidence about it, remains relevant to “the contextual elements of crimes against humanity, and Mr Duterte’s individual criminal responsibility.” Large parts of their explanation were redacted in the public document.
A killing counts as a crime against humanity only if it was part of a widespread or systematic attack on civilians carried out under a state or organizational policy.
Besides the high-value target killings, the charges cover alleged killings in Davao City while Duterte was mayor, from 2013 to around June 2016. They also cover alleged murders and attempted murders during barangay clearance operations from July 2016 to September 2018.
The trial of the former president opens November 30.
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