MANILA, Philippines — The International Criminal Court (ICC) has partially granted prosecutors access to materials seized from former president Rodrig Duterte upon his arrest but denied a request to examine all keys found among his belongings, according to a decision released on July 3, 2026.
The ruling, issued by Trial Chamber III composed of Presiding Judge Joanna Korner, Judge Keebong Paek, and Judge Nicolas Guillou, came in response to the Prosecution's second request for materials in the Registry's custody.
The Chamber approved access to two categories of redacted materials that were in Duterte's possession at the time of his arrest, finding "reasonable grounds to believe that the examination of these materials would produce evidence that is necessary for the investigation." The judges determined that such examination was "necessary and proportionate to the legitimate investigative needs."
However, the tribunal rejected the prosecution's request for access to all keys held by the Registry, noting that prosecutors failed to specify what items the keys related to or how they could provide relevant evidence.
The Chamber also considered arguments from the defense that the keys were "seized while he was travelling with members of his family," making it "entirely possible that the keys provide access to material belonging to, or concerning, his relatives." The judges found the requested access to the keys "neither necessary nor proportionate."
In its decision, the Chamber ordered the Registry to transmit the approved redacted materials to the Prosecution by June 24, 2026. Prosecutors must file any additional requests for access to Registry materials by June 30, 2026, a deadline the Chamber imposed after noting the prosecution's acknowledgment of delays in submitting the current request.
The ruling emerged as Trial Chamber III prepares for Duterte's trial, scheduled to open on Nov. 30, 2026. The former president faces three counts of crimes against humanity for murder and attempted murder stemming from his administration's "war on drugs" campaign between Nov. 1, 2011, and March 16, 2019.
The ICC confirmed all charges against Duterte on April 23, 2026, and committed him to trial following a confirmation of charges hearing held from Feb. 23 to 27, 2026. The Appeals Chamber also upheld the Court's jurisdiction over the case on April 22, 2026, rejecting defense's arguments that the Philippines' withdrawal from the Rome Statute in 2019 barred ICC proceedings.
Duterte has been in ICC custody since his surrender on March 12, 2025, following his arrest in Manila under an ICC warrant. Trial Chamber III previously denied his request for interim release on May 22, 2026, citing "a real and substantial risk that the Accused could nonetheless abscond or obstruct justice."
