FACT CHECK: ICC hasn’t declared Duterte ‘not guilty’ in drug war case

Claim: The International Criminal Court (ICC) has issued a decision finding former president Rodrigo Duterte not guilty of crimes against humanity after finding no evidence against him.

Rating: FALSE

Why we fact-checked this: A Facebook post by “PrimeTime Celebs,” uploaded on March 3,  claimed that there was a “new twist” in Duterte’s ICC case after his lawyer, Nicholas Kaufman, argued that the prosecution’s evidence against the former president was weak.

The linked blog article, which supposedly told the whole story, carried the headline: “Malaking good news ito! ICC judge nahuli si Boying umamin walang ebidensya! PRRD makakalabas na sa ICC?”

(Big good news! ICC judge caught [Ombudsman] Boying [Remulla] admitting there is no evidence! Will [former president Rodrigo Roa Duterte] be released from the ICC?)

The post featured an image of Duterte, Remulla, and ICC judge Iulia Motoc holding up a document stamped with the words “Not Guilty.” Text overlaid on it reads, “PRRD case not guilty, ICC umamin na walang ebidensya (admitted that there is no evidence)!”

The post circulated after Duterte’s confirmation of charges hearing, and amid a separate controversy involving 18 alleged former Marines who claimed they had delivered money to various officials, supposedly to fund the ICC investigation against Duterte. 

As of writing, the post has garnered around 2,300 reactions, 551 comments, and 162 shares.

The facts: No ICC judge has declared Duterte not guilty or admitted that the crimes against humanity case against him lacks evidence.

The “no evidence” claim in the post merely references Kaufman’s arguments during the pre-trial hearing, in which he repeatedly argued that the prosecution’s evidence against Duterte was weak. Kaufman maintained that there is no direct link from the “stuff that came out of Rodrigo Duterte’s mouth and the deaths pertinent to the case.” 

The pre-trial stage of proceedings does not determine guilt or innocence. It aims to establish whether there is sufficient evidence to proceed to trial. With the conclusion of the pre-trial hearings on February 27, the ICC pre-trial chamber judges have 60 days to decide whether to confirm the charges against Duterte and allow the case to proceed to trial. 

Remulla and the ICC: Contrary to the claim, Remulla has not said that there was “no evidence” against Duterte. No credible news outlets have reported on this supposed statement. 

The claim that Remulla was “caught” seems to be referring to allegations made in an affidavit submitted by lawyer Levi Baligod on behalf of 18 alleged former Marines against several government officials. The 18 individuals claimed that Remulla met with ICC staff when he was still justice secretary, suggesting a possible conspiracy or collusion with the ICC.

On March 2, Remulla confirmed that he had previously met with ICC investigators — introduced by former senator Antonio Trillanes IV — to discuss witness protection related to the Duterte case. 

But several experts told Rappler that Remulla’s acts were not unlawful. Under Article 87(5) of the Rome Statute, non-member states like the Philippines may provide ad hoc assistance to the ICC through special arrangements. (READ: No, there’s nothing wrong with Remulla’s meeting with ICC)

Remulla also dismissed the accusations against him, saying the allegations were designed to create a “political tipping point,” aiming to push a branch of the service to “rise up in arms.” – Cyril Bocar/Rappler.com

Efren Cyril Bocar is a journalist from Llorente, Eastern Samar who graduated with a degree in English Language Studies at the Visayas State University. Cyril is also a graduate of the Aries Rufo Journalism Fellowship of Rappler for 2024. 

Keep us aware of suspicious Facebook pages, groups, accounts, websites, articles, or photos in your network by contacting us at factcheck@rappler.com. Let us battle disinformation one Fact Check at a time.