ICC: If there’s plan against civilians, even one murder may be crime vs. humanity

There is no required number of cases to establish a crime against humanity—one case alone may suffice, according to an official of the International Criminal Court.

“The legal framework is that a crime against humanity is, can be a murder, can be any other number of criminal conducts... If there is a plan that involves a widespread or systematic recurrent attack against a civilian population, even one murder may be considered a crime against humanity," ICC spokesperson Fadi El Abdallah stated in Mariz Umali's Monday report on 24 Oras.

Vice President Sara Duterte had dismissed the evidence presented against her father, former President Rodrigo Duterte, regarding alleged crimes against humanity linked to extrajudicial killings under his administration.

Duterte's legal team confirmed receiving a document detailing 181 items of evidence against him.

“This is a case of crimes against humanity. So, kung meron ka lang 181 pieces of evidence, does that show a crime against humanity?” the Vice President questioned. “Parang hindi siya makatarungan sa 80 years old na tao.” 

(This is a case of crimes against humanity. If there are only 181 pieces of evidence, does that prove crimes against humanity? That doesn’t seem fair for an 80-year-old man.)

She further argued, “You have to prove that there were 30,000 victims. So how can you prove the systematic killing of 30,000 victims if you do not have the names of 30,000 victims? This is 43 counts of murder, not even 50. So where is the system there of killing thousands? No. You don’t. No. Sorry, bobo yung abogado nila.”

(You need to prove 30,000 victims. How can you establish systematic killings without the names of all 30,000 victims? This case involves 43 counts of murder—not even 50. Where is the system behind killing thousands? There isn’t one. Sorry, but their lawyer is stupid.)

Legal experts, however, countered that age is irrelevant in ICC trials and that naming all victims is unnecessary.

Kristina Conti, a lawyer representing extrajudicial killing victims, challenged Duterte's statement.

“Kung ganoon, eh di inaanyayahan ko si VP Sara na dumulog at humarap sa ICC mismo at sabihin niya yung ganyang argumento. Tingnan natin kung pakikingnan siya,” Conti remarked.

(If that’s her argument, I invite VP Sara to present it before the ICC and see if they listen to her.)

“Itong krimen na ito ay hindi kahalintulad o hindi mo nga maikukumpara sa simpleng kaso na murder... In crimes against humanity, you do not need to name all the victims,” she added.

(This crime is not comparable to a simple murder case. In crimes against humanity, you do not need to name every victim.) 

Meanwhile, Duterte’s lead defense counsel, Nicholas Kaufman, reiterated their position that the ICC lacks jurisdiction, as the Philippines had withdrawn from the Rome Statute before the investigation began.

“We hope to persuade the pre-trial judges that the court cannot exercise jurisdiction over the case. If they rule in our favor, there will be no confirmation-of-charges hearing,” Kaufman stated.

GMA Integrated News reached out to the prosecution for comment. However, they had earlier maintained that the case remained under the ICC’s jurisdiction.

Duterte is being held accountable for the drug war and is currently detained at the Hague Penitentiary Institution, also known as Scheveningen Prison.

Philippine government records report over 6,000 deaths in police drug war operations, though human rights organizations estimate the toll could be as high as 30,000, including unreported cases. — Vince Angelo Ferreras/DVM, GMA Integrated News