Duterte’s ICC battle heats up ahead of trial

MANILA, Philippines – The International Criminal Court (ICC) prosecutor is continuing its investigation regarding crimes against humanity of former President Rodrigo Duterte.

“The chamber notes that the prosecution ‘is continuing its investigation regarding Mr. [Duterte]’ and ‘intends to review and disclose any new evidence collected during this investigation on a rolling basis’,” the ICC Pre-Trial Chamber 1 said in an order on the conduct of confirmation proceedings dated April 17.

The chamber assures that the ongoing investigation will not affect the confirmation of charges set for September, as well as the disclosure process.

Under the ICC Rules of Procedure and Evidence, the disclosure procedure means that the suspect is being informed of the evidence that the prosecution intends to use against him during the confirmation of charges.



READ: LIVE UPDATES: Rodrigo Duterte at The Hague

“For this reason, the prosecution shall conduct its investigative activities in a way that will not affect the disclosure process or the conduct of the confirmation of charges proceedings and hearing,” read the order.

If, as a result of its ongoing investigation, there is a risk that would affect the disclosure process and confirmation of charges, the Chamber said, the ICC prosecutor “shall immediately inform the chamber and, to the extent possible, the parties and participants in the event that any such activities would nevertheless risk having such effects.”

Duterte was arrested on March 11, immediately upon his arrival from Hong Kong.

Although the Philippine government has withdrawn its membership from the ICC, it has an international commitment with the Interpol that coordinated with the Philippine government regarding the ICC arrest warrant.

Duterte is facing a case for crimes against humanity due to his bloody war on drugs.

Number of witnesses vs. Duterte

For the confirmation of charges in September, the prosecution intends to call a maximum of two witnesses to testify viva voce, meaning their testimony will be given live, instead of through a written statement.

Other pieces of evidence collected and disclosed

The pieces of evidence cited in the application for Duterte's arrest include 421 pieces (8,565 pages) of written evidence, nine photographs, and 15:55 hours-long audio-visual files.

But during its investigation, the prosecution has so far collected 129,358 items (160,679 pages in its Relativity database and 48,235 items (100,864 pages) in another database currently being processed.

So far, it has already disclosed to the Duterte camp the following pieces of evidence: 181 items or 2,787 pages, 15 or 5:40:12 hour-long audio-visuals.

On March 14, Duterte made his initial appearance before the ICC's pre-trial chamber.

(2025/04/17-22:04)