MANILA — The legal team of former president Rodrigo Duterte has asked the International Criminal Court (ICC) to admit dozens of additional materials into evidence, a move aimed at strengthening his defense just weeks before the confirmation of charges hearing.
In a seven-page motion filed before ICC Pre-Trial Chamber I, defense lead counsel Nicholas Kaufman sought permission to add 78 more items to Duterte’s evidence list, arguing these are directly tied to the charges prosecutors are seeking to confirm and are vital to mounting an effective defense.
Kaufman said the materials are “highly relevant to the charges which the Prosecution seeks to confirm and are essential to the conduct of Mr. Duterte’s defense.”
He added that prosecutors have already reviewed the proposed evidence and raised no objection to its inclusion.
“The Prosecution has reviewed the Items and confirmed to the Defense in inter partes (between parties) communications that it does not object to their admission,” Kaufman said.
According to the motion, the prosecution disclosed 1,242 items between September 2025 — when the original confirmation hearing was postponed — and Feb. 5, 2026. These were flagged as potentially exculpatory or material to trial preparation. After examining the disclosures, the defense identified the additional items it now wants admitted.
“Having revisited the totality of the Prosecution’s disclosure to date in light of its receipt of these 1,242 items, the Defense has identified the Additional Items as highly relevant to the charges and necessary for any meaningful submissions by the Defense at the hearing on the confirmation of charges,” Kaufman said.
The defense stressed that its request complies with ICC rules requiring evidence lists to be submitted at least 15 days before a confirmation hearing.
“The present request is submitted 15 days before the commencement of the Confirmation of Charges hearing, now set to begin on 23 February 2026,” he said.
Kaufman also warned that excluding the additional materials would seriously prejudice Duterte’s case, particularly since prosecutors have not opposed their admission.
“Finally, and most importantly, in light of the Prosecution’s confirmation that it does not oppose the addition of these Items, their inclusion would occasion no prejudice to the Prosecution, whereas their non-admission would cause significant prejudice to Mr. Duterte,” he stated.
The defense further noted that it has yet to complete its review of another batch of prosecution disclosures made on the evening of Feb. 5, which included 12 items marked as potentially favorable to Duterte. Kaufman said the team may seek further amendments once the review is finished.
“The Defense respectfully reserves the right to seek further amendment of its List of Evidence upon its prompt review of the newly disclosed items,” he said.
Duterte was arrested on March 11 upon arriving from Hong Kong under an ICC warrant linked to its investigation into his anti-drug campaign as president. The warrant alleges he helped organize and support death squads responsible for the killings of suspected drug offenders.
He was flown to The Hague in the Netherlands the same day and appeared before ICC judges via video link on March 14. A confirmation of charges hearing scheduled last September was postponed at the request of his legal team, and the court has since denied his application for interim release./PN
