ICC Prosecutor Set to Present More Evidence in Duterte’s Crimes Against Humanity Case

THE HAGUE, THE NETHERLANDS (18 April 2025) – The International Criminal Court’s (ICC) prosecution team, handling the crimes against humanity case against former Philippine President Rodrigo Duterte, plans to present two live witnesses, extensive documentary evidence, and nearly 16 hours of audio-visual recordings during the confirmation of charges hearing scheduled for September 23, 2025.

In a publicly redacted document dated April 15, 2025, ICC Prosecutor Karim Khan stated that the prosecution has gathered substantial evidence, including 129,358 items (equivalent to 160,679 pages) stored in its Relativity database, and another 48,235 items (100,864 pages) awaiting transfer. These materials are undergoing legal review before being disclosed.

The prosecution plans to rely heavily on evidence previously submitted with its Article 58 application for an arrest warrant. This includes 421 written documents (8,565 pages), nine photographs, and 30 audio-visual files totaling nearly 16 hours. An additional 160 items, including 15 audio-visual files (approximately 5 hours and 40 minutes), have also been prepared for immediate disclosure.

Prosecutor Khan confirmed that all materials will be presented in their original languages—primarily English, Tagalog, or Cebuano—with English translations or transcriptions as needed. On March 21, 2025, the prosecution disclosed 181 items (2,787 pages) to the defense and is continuing to review its collection for exculpatory evidence.

The prosecution also intends to request protective measures for witnesses, including confidentiality for two individuals scheduled to testify in person. One witness statement is currently protected under a confidentiality agreement. Final disclosure of all evidence is expected no later than 30 days before the confirmation hearing.

In response, the ICC Pre-Trial Chamber issued an “Order on the Conduct of Confirmation Proceedings” on April 17, reminding both parties that the hearing is not a mini-trial but a limited-scope proceeding to determine if the case should go to trial. It emphasized that the prosecution should only disclose evidence directly relevant and supportive of specific legal allegations.

The Chamber acknowledged the prosecution’s ongoing investigation but underscored that it must not interfere with disclosure obligations or disrupt proceedings. The prosecution has until July 1, 2025, to finalize all evidence submissions, including witness statements, translations, and materials under Rule 77 (evidence relevant to the defense).

The defense, meanwhile, has until July 24, 2025, to submit its responses, following the March 21 order.

Former President Rodrigo Duterte was arrested on March 11 in Manila  upon returning from Hong Kong, following an ICC request linked to its investigation into his administration’s controversial “war on drugs.”

The 80-year-old is accused of orchestrating, funding, and equipping death squads responsible for widespread killings of alleged drug offenders. He was transported to The Hague the same day and appeared via video link before ICC judges on March 14.

He is expected to attend the September 23 hearing in person.