ICC Prosecutor has 2 witnesses, 8,565-page evidence vs Duterte

The prosecutor of the International Criminal Court (ICC) in The Hague, where former president Rodrigo Duterte is currently detained for crimes against humanity of murder, will present two witnesses, 8,565 pages of written evidence, nine photographs, and almost 16 hours of audio-visual files for the confirmation of charges set in September this year.

Former president Rodrigo Duterte at his initial appearance hearing via video link on March 14, 2025, at the International Criminal Court in The Hague, Netherlands. Also in the photo is his legal counsel, former executive secretary Salvador Medialdea. (ICC Photo)

The 10-page publicly-redacted version of the “Prosecution’s Response to the Order seeking observations on matters related to the conduct of confirmation proceedings” was submitted on April 4 but was only made publicly available on April 15 on the ICC website.

In it, ICC prosecutor Karim Khan said that while the prosecution is still in the process of “determining the overall quantity of written and non-written documentary evidence that it intends to rely upon at the confirmation hearing,” it will most likely rely, at a minimum, on the majority of evidence that the ICC used to issue the warrant of arrest against Duterte.

This comprises 421 pieces (8,565 pages) of written evidence, nine photographs, and 15:55 hours of audio-visual files.

The evidence, including the non-written items, are all in the original languages of English, Tagalog, or Cebuano, but the prosecution ensured that all materials will be made available in its original languages but with a transcription or translation to English if needed.

“The Prosecution intends to rely upon material in English, including the English translation of documents originally in Tagalog and Cebuano. With respect to rule 76(3), English is a language that Mr Duterte fully understands and speaks,” the prosecution responded to the Pre-Trial Chamber I’s query on the language to be used in the evidence materials.

Already submitted

Khan said the prosecution has already disclosed last March 21 some 181 items (2,787 pages) of evidence.

It has also identified some 160 items more, including 15 audio-visual files that last for 5:40:12 hours, “that can be immediately disclosed.”

Khan intends to disclose these non-witness related documentary material from April 7 onwards.

Two witnesses

“The Prosecution presently intends to call a maximum of two witnesses to testify viva voce at the confirmation hearing,” the document read.

The team will also rely on current witness statements and “additional witness statements collected during the ongoing investigation.”

Khan also expressed his plan to submit requests to the Chamber starting May 9 to withhold the identities of the witnesses.

Additionally, the prosecution has also identified witnesses “that will require further protective measures prior to the disclosure of their identities.”

Continuing investigation

Khan told the Pre-Trial Chamber I that the prosecution is, indeed, continuing its investigation of Duterte.

“The Prosecution intends to review and disclose any new evidence collected during this investigation on a rolling basis,” it said.

Based on the prosecution’s submission, the defense team of the former president will only have one month to prepare its responses to the evidence that will be presented on Sept. 23, the schedule for the confirmation of charges hearing.

The prosecution said it will follow the disclosure schedule and “complete the review and disclosure of evidence currently in its possession by no later than thirty days before the confirmation hearing.”

This was in response to the Chamber’s question on when it will complete its disclosure to give the defense team “sufficient time” to prepare.

Duterte was first seen facing via video conference the Pre-Trial Chamber I on March 14 to formally hear the charges against him and to inform him of his rights under the Rome Statute.

This came after he was arrested on March 11 on the basis of an ICC arrest warrant issued due to his administration’s bloody war on drugs campaign.

The former chief executive is set to face the Chamber on Sept. 23 for the confirmation of charges, which will determine whether the court must proceed with the trial. — Raymund Antonio