Duterte camp asks ICC to add 78 items to its list of evidence

The defense team of former President Rodrigo Duterte, led by his counsel Nicholas Kaufman, has sought permission from the International Criminal Court (ICC) to allow it to add more items to its list of evidence.

In its request to the ICC Pre-Trial Chamber 1, dated February 6, 2026, the Duterte camp sought leave to add 78 items to its list of evidence “to be relied on during the hearing on the confirmation of charges, originally submitted on 5 September 2025.”

Duterte’s defense team issued the request after the prosecution disclosed a total of 1,242 items, which it said “could be potentially exculpatory or relevant to the preparation of the Defence.”

After review of the prosecution’s disclosures, the Duterte camp said it identified the additional items “as highly relevant to the charges and necessary for any meaningful submissions by the Defence at the hearing on the confirmation of charges.”

“The present request is supported by good cause and the Prosecution has confirmed that the addition of these Items to the Defence List of Evidence causes it no prejudice,” Duterte’s defense team said.

The former president’ camp further noted that “no prejudice will stem from the inclusion of the Additional Items on the Defence List of Evidence.” 

“Firstly, in full compliance with Rule 121(6), the present request is submitted 15 days before the commencement of the Confirmation of Charges hearing, now set to begin on 23 February 2026,” it said.

“Secondly, the number of Additional Items is modest. Thirdly, the Prosecution is the master of its own evidence and is presumed to be aware of its relevance or lack thereof to the charges. Fourthly, the Legal Representatives for the Victims have only just been appointed, the composition of their team is yet to be finalised, and their access rights to evidence still to be facilitated,” it added.

“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,” the Duterte camp said.

The defense team said that it has not yet had the opportunity to review the prosecution’s latest disclosure, effected on the evening of February 5, 2026, of which 12 items have been marked as either potentially exonerating or relevant to the preparation of the defense. 

“The Defence respectfully reserves the right to seek further amendment of its List of Evidence upon its prompt review of the newly-disclosed items,” it said. —VAL, GMA Integrated News