Du30 defense seeks to strike 8 killings off ICC case
Former President Rodrigo Duterte’s defense has asked the International Criminal Court (ICC) to strike out eight additional killing incidents included by prosecutors in their trial brief, arguing that their inclusion improperly expands the crimes against humanity charges confirmed for trial.
The move would raise to 57 from 49 the number of alleged killings cited in the case against Duterte, who is accused of crimes against humanity over his administration’s bloody antidrug campaign.
In a motion filed with the Trial Chamber III and released on Tuesday, Duterte’s lawyers led by Peter Haynes said the eight incidents were based on fresh evidence involving victims, dates and locations that were not part of the facts and circumstances confirmed for trial by the ICC Pre-Trial Chamber in April.
“The prosecution is now seeking to add eight new incidents based upon fresh evidence that constitute new material facts,” the defense said, arguing that their inclusion would “exceed the scope” of the charges and amount to a material change in the case.
Prosecution disputes claim
Six of the additional incidents were placed under Count 3, involving alleged killings during barangay-clearing operations in undisclosed areas of Metro Manila during Duterte’s presidency. The other two were classified under Count 2, involving alleged killings of people identified as high-value drug targets.
The prosecution, however, said the incidents are already covered by the charges confirmed for trial because they allegedly occurred during the same period and within the same geographic areas.
Its 143-page trial brief, released on Sept. 14, details the alleged killings and events before and after them, although substantial portions remain redacted because of sensitive information.
According to prosecutors, several victims had been placed on watch lists before they were shot, while alleged perpetrators later received payments for carrying out the killings.
The prosecution described the incidents as a “non-exhaustive list” covered by the confirmed charges because they allegedly involved an identifiable group of perpetrators and victims within the same time and geographic scope.
The challenge to the additional killings came as the ICC chamber separately ordered Duterte to remain in detention, finding continued risks that he could flee or interfere with witnesses as his trial nears.
The ruling came hours after Duterte made his first in-person appearance before the ICC since his arrest and transfer to The Hague in March 2025.
Presiding Judge Joanna Korner acknowledged the defense challenge during Wednesday’s third status conference and said the chamber would resolve the motion in writing.
In a five-page decision released Wednesday night, Trial Chamber III said the prosecution’s disclosure of its witness and evidence lists had increased Duterte’s ability to interfere with witnesses, directly or through his family and supporters in the Philippines.
“There is, therefore, a likelihood of the accused absconding and/or obstructing or endangering the investigation or the court proceedings,” the chamber said.
The judges also cited the prospect of a lengthy prison sentence if Duterte is convicted in rejecting his request for temporary release, with or without conditions.
No basis to release
But the chamber said the latest findings of court-appointed doctors who reassessed his condition contained no new information that warranted a change in his detention.
“Furthermore, the defense’s observations do not provide any information that constitutes new facts or a change in circumstances,” the chamber said.
The ruling was the chamber’s first periodic review of Duterte’s detention and affirmed its May decision that he should remain in custody because of the risk that he could flee the court’s jurisdiction.
Under the Rome Statute, the ICC must review an accused’s detention every 120 days to determine whether circumstances or risks justifying continued custody have changed.
The chamber also noted that the Pre-Trial Chamber and Trial Chamber had previously considered Duterte’s description of his detention at the ICC as “kidnapping” in assessing whether he would comply with court orders if granted temporary liberty.
Duterte, 81, faces three counts of murder as crimes against humanity over alleged killings linked to his antidrug campaign. The charges cover alleged killings attributed to police and other armed actors during his presidency and his earlier years as Davao City mayor.
His trial is scheduled to begin on Nov. 30.
‘Glimmer of hope’
In Manila, the civil society-led Truth Commission said Duterte’s first in-person appearance before the ICC offered a “glimmer of hope” to victims of the drug war and their families.
Seeing Duterte physically present in the courtroom “boosted the morale” of victims seeking justice and accountability, the commission said.
Led by Cardinal Pablo Virgilio David, bishop of Kalookan, the commission said it would continue helping victims pursue healing and justice beyond the ICC by examining cases outside the tribunal’s jurisdiction.
“While the ICC’s proceedings are important, the struggle for justice, accountability, healing, and closure does not end in The Hague. The Truth Commission will ensure that more of those who suffered are heard,” its chair, Raul Pangalangan, who served as an ICC judge from 2015 to 2021, said in a statement.
The commission is scheduled to hold its next session next week, featuring a Davao City mother whose sons were allegedly killed by members of the so-called Davao Death Squad.
Sen. Robinhood Padilla, a vocal Duterte supporter who opposed the former president’s arrest, said he broke into tears after seeing Duterte in court.
Sen. JV Ejercito, who had supported Duterte’s administration, also said he felt sad upon seeing him in court for the first time in a long while.
“I felt a sense of sadness when I saw him for the first time in a long while,” Ejercito told reporters, describing Duterte as appearing frail and noting his thin appearance and long hair. —WITH A REPORT FROM KEITH CLORES
