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ICC: 43 EJK cases just a sample; more to come

Former Philippine President Rodrigo Duterte is seen on a screen in the courtroom during his first appearance before the International Criminal Court (ICC) on charge of crimes against humanity over his deadly crackdown on narcotics, in The Hague on March 14, 2025. The 79-year-old, the first ex-Asian head of state to face charges at the ICC, followed by videolink during a short hearing to inform him of the crimes he is alleged to have committed, as well as his rights as a defendant. Duterte stands accused of the crime against humanity of murder over his years-long campaign against drug users and dealers that rights groups said killed thousands. (Photo by Peter Dejong / POOL / AFP)

THE International Criminal Court said that the 43 cases of extra judicial killings presented were just a mere fraction of what they will bring to the Pre-Trial Chamber as many more are expected with regards to former President Rodrigo Duterte’s crimes against humanity.

According to an interview aired over ABS-CBN, ICC spokesperson Fadi El Abdallah had said that there will be more cases presented as the cases progress.

“This doesn’t mean that these are the only incidents that may be included in the charge. These were a sample of incidents that are related, that were, for the purpose of issuing an arrest warrant, sufficient from the point of view of the judges, to sustain the charge of murder as crime against humanity, for the purpose of an arrest warrant, which is the first step in the judicial process,” El Abdallah said.

“Next step, which is the confirmation of charges hearing scheduled in September, would look deeper, and after hearing also the defense, to decide whether this case should go to a trial or not,” he added.

It only means that the prosecution can request to bring in more cases and witnesses.

“Yes, the prosecutor may submit to the judges additional requests, and eventually it would be for the judges to decide whether they can be admitted or not,” El Abdallah.

According to the March 12 situation report, the ICC noted that the Pre-Trial Chamber I “assessed the material submitted by the Prosecution and found reasonable grounds to believe that Mr Duterte is individually responsible as an indirect co-perpetrator for the crime against humanity of murder, allegedly committed in the Philippines between 1 November 2011 and 16 March 2019.”

Likewise, the ICC Pre-Trial Chamber “focused on a sample of alleged incidents to facilitate its analysis” and issuance of an arrest warrant against the former leader.

El Abdallah also assured that the ICC judges are impartial and are not affected by any other political issues related to Duterte’s case.

“It is important to highlight that the judges would only decide based on the legal, applicable rules, and based on the evidence submitted before them. So anything that is outside of this framework and outside of what is presented to them by the parties, and the participants to the proceedings, are, by definition, issues that cannot be taken into consideration by the judges and would not have an impact on their decision in relation to the charges,” he explained.

“It’s important to highlight that the judges are impartial. They have all the guarantees that are necessary to ensure that they would be only applying the law and will not be under any kind of influence,” he added.

There had been issues regarding the number of cases of EJKs in the Philippines, as supporters of the former president had said that the numbers are bloated.