MANILA, Philippines — The defense team for former president Rodrigo Duterte has asked the International Criminal Court for permission to add 78 pieces of evidence to its case file, two weeks before a critical hearing to determine whether the charges against him will proceed to trial.
In a filing submitted to Pre-Trial Chamber I on Friday, defense counsel Nicholas Kaufman said that the “Additional Items” are “highly relevant to the charges” and essential for Duterte’s defense. The request comes after prosecutors disclosed more than 1,200 items to the defense in recent months, including material flagged as potentially exculpatory or relevant to case preparation.
The defense noted that 24 of the 78 items were only disclosed in November and December 2025 after Duterte’s initial evidence list was submitted in September, making their inclusion necessary. The remaining items, already in the defense's possession, gained renewed importance in light of the newly disclosed material.
“No prejudice will stem from the inclusion of the Additional Items,” the defense said, pointing out that the prosecution has already confirmed it does not object to their admission. The defense also highlighted that the confirmation hearing is not scheduled to begin until February 23, 2026, providing sufficient time for review.
The chamber, presided over by Judge Iulia Antoanella Motoc, must now rule on the request. A confidential annex listing the 78 items was filed alongside the public document.
The hearing on the confirmation of charges represents a major procedural step. Prosecutors must convince judges there is sufficient evidence to proceed to a full trial on allegations of crimes against humanity related to Duterte’s “war on drugs” campaign in the Philippines.