THE International Criminal Court (ICC) has rejected a request from former President Rodrigo Duterte’s lawyers to disclose specific information about witnesses, including their willingness to testify, should the case proceed to trial.
The Pre-Trial Chamber (PTC) I ruled that while the publicity of pretrial proceedings is a “well-established principle,” it is not absolute and must be balanced against the need to protect the safety, well-being, and privacy of victims and witnesses, as guaranteed by the Rome Statute.
The decision came in response to the defense’s Feb. 16 request for more information on the prosecution’s witnesses, citing the need for “transparency” and “publicity” ahead of the confirmation of charges hearing starting Feb. 23.
Duterte’s defense, led by lawyer Nicholas Kaufman, argued that they would be limited to challenging the prosecution’s evidence in “closed or private sessions” due to the redacted version of the document containing charges (DCC). They also claimed that the information they sought was already known in the Philippines.
However, the chamber sided with the prosecution’s argument that removing redactions in the DCC and pre-confirmation brief, which detailed Duterte’s charges of three counts of murder, would endanger the security of the victims and witnesses.
The PTC I emphasized that the right to a public trial does not equate to an absolute right for the public to know all the details of a case or for the defense to present its arguments fully in public session if it compromises the integrity of the proceedings or the safety of those involved.
The chamber further stated that even if some of the requested information was allegedly already public in the Philippines, it does not negate the risks to the relevant individuals and their families if the information is confirmed or not, which might even heighten those risks. The ICC’s decision underscores the importance of protecting witnesses and victims in international criminal proceedings, even as it balances the principles of transparency and the right to a fair trial.
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