ICC discloses 181 items of evidence to Duterte's team in crimes against humanity case
Former president Rodrigo Duterte's defense team got the details of the first set of evidence used in his crimes against humanity case before the International Criminal Court.
In a three-page communication dated March 24, ICC Prosecutor Karim Khan said that they disclosed to Duterte's camp 181 items on March 21.
Khan said these items were organized under “Pre-Confirmation INCRIM package 001,” classified as “confidential," and disclosed inter partes or in between parties.
"These items comprise the material cited in the Warrant of Arrest for Mr Rodrigo Roa Duterte," he said.
No specific details about the evidence were mentioned in the communication.
In another seven-page communication dated March 21, the ICC Pre-Trial Chamber I ordered the prosecutor to respond to several questions by April 4.
These include matters regarding evidence, the number of witnesses testifying, security measures for the potential witnesses, the language of the materials the prosecution intends to rely upon at the confirmation hearing, and possession of documents subject to inspection.
The chamber also asked Duterte's camp to give detailed observations by April 10 on whether he anticipates invoking any ground for excluding criminal responsibility and/or raising the existence of an alibi, the need to conduct investigations before the confirmation hearing, and calling witnesses to testify; intends to rely on written testimonial evidence; and possesses or controls documents the prosecution is entitled to inspect.
The chamber likewise ordered the ICC Registry to file observations in relation to participation of victims by April 2, while the prosecution and defense must file a response to these observations by April 11.
Duterte was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization.
He has been accused of being an "indirect co-perpetrator for the crime against humanity of murder pursuant to Article 7 (1)(a) of the Roman Statute."
Specifically, he was allegedly involved in the murder of at least 19 persons reported to be drug pushers or thieves who were killed by members of the Davao Death Squad in various locations in or around Davao City between 2011 and 2016, as well as the murder of at least 24 alleged criminals who were killed by or under the supervision of members of the Philippines law enforcement at various locations in the country between 2016 and 2019 during his term as president.
The ICC is acting based on the principle of complementarity, which means that it's only stepping in if a state's courts are unwilling or unable to prosecute crimes within their jurisdiction.
Though Duterte withdrew the country's membership from the ICC in 2018, which took effect the following year, the ICC said it still has jurisdiction over crimes that happened while the Philippines was still a member-state.
Duterte arrived in The Hague in the Netherlands on March 12 to face the charges against him.
He could be the first Asian former head of state to be indicted by the ICC.
His pre-trial hearing is on Sept. 23, 2025. If the charges against him are confirmed, it could be months before the case eventually goes on trial, and years before a final judgment is rendered.
