Large batch of ICC evidence disclosed to Duterte defense

WorldPolitics
21 Aug 2026 • 12:12 AM MYT
The Manila Times
The Manila Times

One of the longest-running English broadsheets in the Philippines

Large batch of ICC evidence disclosed to Duterte defense

THE International Criminal Court (ICC) prosecution has disclosed 6,909 items to the defense team of former president Rodrigo Duterte, including 2,279 pieces it classified as incriminating evidence, as preparations continue for his trial for crimes against humanity linked to his antidrug campaign.

In a notification filed on Aug. 5 and made public on Thursday, the Office of the Prosecutor said the materials were disclosed to Duterte’s legal team between Jan. 7 and July 31.

Of the total, 4,573 items were classified as Rule 77 evidence, consisting of tangible materials that the defense may inspect and use in preparing for trial. Another 2,279 items were classified as incriminating evidence, while 57 were identified as potentially exonerating evidence.

The incriminating materials cover the period from Nov. 1, 2011 to March 16, 2019, encompassing Duterte’s years as mayor of Davao City and his presidency.

The materials relate to allegations covered by the ICC case, including killings allegedly linked to antidrug operations, the targeting of alleged high-value individuals and activities attributed by prosecutors to the so-called Davao Death Squad.

The latest disclosure is among the largest batches of materials turned over to Duterte’s defense since he was arrested and transferred to ICC custody in March 2025.

Shortly after Duterte’s arrest, the prosecution disclosed 181 items containing nearly 3,000 pages of evidence. It later disclosed 421 documentary items and nearly 16 hours of audiovisual material, followed by at least 1,303 additional items between July and December 2025.

The prosecution’s latest disclosure comes as both sides prepare for Duterte’s trial, which is scheduled to begin on Nov. 30.

Duterte faces three counts of crimes against humanity over alleged killings committed as part of a widespread and systematic attack against civilians during his time as Davao City mayor and president.

ICC Pre-Trial Chamber I confirmed the three counts on April 23, allowing the case to proceed to trial.

The case is now before Trial Chamber III, which is composed of Presiding Judge Joanna Korner, Judge Keebong Paek and Judge Nicolas Guillou, according to the ICC Registry.

The chamber has scheduled status conferences ahead of the trial, including one on Sept. 7. The prosecution is also required to submit its finalized trial brief by Aug. 31.

The trial chamber has cautioned both parties against litigating the case in public, saying the proceedings should be conducted before the court rather than in the court of public opinion.

Meanwhile, the ICC Registry has separately reported the transfer of case materials to and from the Office of the Prosecutor in connection with the Duterte proceedings.

In a report submitted on Aug. 6 and made public on Thursday, the Registry said it had complied with two Trial Chamber III decisions concerning prosecution requests for materials held in Registry custody.

The Registry transferred materials covered by the first request to the prosecution on June 1, following the chamber’s authorization on May 28. A subsequent transfer was made on June 24 after the chamber partially granted a second request on June 22.

The prosecution returned all the materials from both requests to the Registry on July 29, the report said.

The Registry’s report included confidential annexes containing documentation on the chain of custody of the transferred materials.

Duterte has remained in ICC custody in The Hague since March 2025 after Philippine authorities surrendered him to the court following the issuance of an arrest warrant.

The ICC case centers on allegations that Duterte and others were responsible for killings committed during his administration’s antidrug campaign and during his earlier tenure as Davao City mayor. Duterte has denied wrongdoing and has repeatedly rejected the ICC’s jurisdiction over the Philippines. 

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