Thursday, May 15, 2025

Duterte’s ICC defense team gets more evidence from prosecution

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THE prosecution team of the International Criminal Court (ICC) has disclosed and submitted to the defense team of former president Rodrigo Duterte additional items of evidence that will be used in the crimes against humanity charges filed against the former Philippine chief executive.

In a document dated May 5, 2025, the prosecution team headed by Prosecutor Karim Khan told the Pre-Trial Chamber 1 led by Presiding Judge Iulia Antoanella Motoc that it disclosed 139 items of evidence to the defense team on April 30.

The evidence were organized under the following disclosure packages: Pre-Confirmation INCRIM Package 002: Crimes Against Humanity – Contextual Elements (28 items listed in Confidential Annex A); Pre-Confirmation INCRIM Package 003: Crimes Against Humanity – Modes of Liability (85 items listed in Confidential Annex B); Pre-Confirmation INCRIM Package 004: Crimes Against Humanity – Murder – Davao City, Mayoral Period (1 item listed in Confidential Annex C); and Pre-Confirmation INCRIM Package 005: Crimes Against Humanity – Murder – Barangay Clearance Operations, Presidential Period (15 items listed in Confidential Annex D).

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The prosecution said the items “comprise documentary material cited in the Warrant of Arrest for Mr. Rodrigo Roa Duterte.”

An annex to the filing was classified as “confidential” and not made available to the public.

This is the second package of evidence disclosed by the prosecution to Duterte’s legal team headed by Nicholas Kaufman.

The first disclosure was on March 21 comprised of 181 items.

Earlier, ICC spokesperson Fadi El Abdallah said the court could pursue more charges against Duterte before his next court appearance in September this year.

El Abdallah said this is one of the options available to the tribunal, noting that prosecutors initially sought to indict the former president on three charges – murder, torture and rape as crimes against humanity.

But the Pre-Trial Chamber 1 only issued a warrant of arrest against Duterte for 43 murders committed from 2011 to 2019.

The warrant said it found reasonable grounds to believe Duterte committed murder both as the founder of the notorious Davao Death Squad and as president of the Philippines.

The 80-year old Duterte was arrested based on a warrant of arrest issued by the ICC last March 11. He was flown to the Hague on the same night and surrendered to the ICC.

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