Duterte camp asks ICC anew to add 108 more items of evidence

The lawyers of former President Rodrigo Duterte have asked the International Criminal Court (ICC) to allow it to add 108 more items of evidence that it will use during next week’s confirmation of charges hearings.

In a six-page filing dated February 18, Nicholas Kaufman, Duterte’s legal counsel, said the additional evidence are “highly relevant to the charges and necessary for any meaningful submissions” by the defense during the proceedings.

“The present request is supported by good cause, and the Prosecution has confirmed to the Defence, this afternoon, in inter partes communications that the addition of these Items to the Defence List of Evidence causes it no prejudice,” the defense panel said in its “Defence Second Request for Leave to Add Items to its List of Evidence” filed before the ICC Pre-Trial Chamber I.

They explained that of the 108 additional items, six were “disclosed since 5 February 2025,” hence the defense only received after filing its first request for leave to add 78 items to its list of evidence.

“The remainder of the Additional Items are items previously disclosed or transcripts thereof – identified, stamped and disclosed by the Defence – but which are now essential to the Defence as a result of the assimilation of the other six (6) Additional Items,” they said.

Duterte’s lawyers assured that the inclusion of the 108 items of evidence “does not occasion any unfair prejudice.”

“Firstly, with the exception of three (3) items, the Additional Items are all Prosecution evidence or transcripts of audio-video material disclosed by the Prosecution,” they said, adding that the number of items is “modest.”

“They are mostly transcripts and translations of transcripts of audio-video material. As such, the substantive volume of evidence sought to be added can be reduced by half,” the pleading added.

The defense team added that in any event, the prosecution is the “master of its own evidence and is presumed to be aware of its relevance or lack thereof to the charges.”

“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-addition would cause significant prejudice to Mr. Duterte,” they said. 

READ: DAY IN COURT: ICC Hearings on the Charges vs. Duterte

It may be recalled that on February 10, the ICC Pre-Trial Chamber I granted the request of Duterte’s legal team and the prosecution to add new pieces of evidence to be used in the proceedings in the alleged crimes of humanity in connection with Duterte’s war on illegal drugs.

In a four-page decision, the chamber ordered the defense and the prosecution to “file an update list of evidence by no later than 13 February 2026.”

While Duterte’s legal team sought permission from the ICC to add 78 items to its list of evidence “to be relied on during the hearing on the confirmation of charges,” the prosecution also sought the chamber’s authorization to add two more items to its list of evidence.

The ICC Pre-Trial Chamber I has set the confirmation of charges hearing against the 80-year-old Duterte, which will run from February 23 to 27.

In a signed notification dated February 17, however, the former President said he will not attend the confirmation of charges hearings as he does not recognize the ICC’s jurisdiction over him.

On Thursday, the ICC said its judges will still have to decide on Duterte’s request to skip his confirmation of charges hearing, as the notification is treated as a “request from the defense for now.” — JMA, GMA Integrated News