A single murder may already constitute a crime against humanity if it is part of a broader plan targeting civilians, according to an official from the International Criminal Court (ICC).
ICC spokesperson Fadi El Abdallah clarified that there is no required minimum number of victims for a crime to be considered under the Court’s jurisdiction.
“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,” he explained.
Vice President Sara Duterte, however, dismissed the evidence presented against her father, former President Rodrigo Duterte, who faces allegations of crimes against humanity related to extrajudicial killings during his term.
According to her, Duterte’s legal team received documents indicating 181 pieces of evidence.
“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 asked. “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 questioned the basis of the charges:
“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 have pushed back on her claims, stressing that neither the age of the accused nor the listing of every victim is necessary in ICC proceedings.
Kristina Conti, a lawyer representing victims of extrajudicial killings, responded directly to the Vice President’s argument.
“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 said.
(If that’s her argument, I invite VP Sara to present it before the ICC and see if they listen to her.)
She emphasized the unique nature of the case:
“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.”
(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 counsel, Nicholas Kaufman, maintained that the ICC lacks jurisdiction over the matter, pointing out that the Philippines had withdrawn from the Rome Statute before the investigation officially 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 said.
Rodrigo Duterte is currently detained at the Hague Penitentiary Institution, also known as Scheveningen Prison, while awaiting the confirmation of charges hearing scheduled for September 23, 2025.
Although official government data reports around 6,000 deaths from anti-drug operations during Duterte’s administration, human rights groups estimate the total number of victims could reach as high as 30,000, citing unreported and undocumented cases.