Prosecutors at the International Criminal Court (ICC) turned over 6,909 pieces of evidence to former President Rodrigo Duterte’s defense team during the first seven months of 2026, as both sides prepare for his trial for crimes against humanity set for Nov. 30.
The evidence, ranging from Jan. 7 to July 31, was detailed in an Aug. 5 filing by the prosecution team. Most items are available to Duterte’s defense lawyers for cross-examination.
On March 28, 2025, prosecutors handed over 181 items totaling nearly 3,000 pages. A month later, they provided 421 more documentary exhibits and about 16 hours of audio and video recordings.
Prosecutors released at least 1,303 additional pieces of evidence between July and December 2025. The latest batch, covering the first seven months of 2026, expands the evidentiary record as both sides prepare for trial.
The evidence supports the ICC’s case against Duterte, who faces three counts of crimes against humanity for murder and attempted murder in the deaths of 76 people in 49 incidents from 2013 to 2018.
The alleged killings occurred during his tenure as Davao City mayor and as president, when he led a ‘War on Drugs’ campaign.
Rule 77 evidence
Of the 6,909 items, 4,573 are classified as Rule 77 evidence, which the defense may inspect. Another 2,279 items are considered incriminating, and 57 are potentially exonerating.
The incriminating evidence includes material tied to killings allegedly carried out under Duterte’s anti-drug campaign.
This includes deaths during barangay-level operations, plans targeting high-value suspects, and cases linked to the Davao Death Squad, which prosecutors describe as a group of police officers and hired gunmen.
Potentially exonerating material includes information that could undermine a prosecution witness or support a defense argument.
Rule 77 evidence also includes background material and documents to help the defense prepare for trial.
New fitness review ordered
Duterte is expected to appear before ICC Trial Chamber III on Nov. 30.
His trial team changed in May, when lawyers Peter Haynes and Kate Gibson took over as lead and associate counsel, replacing Nicholas Kaufman and Dov Jacobs, who represented Duterte during the pre-trial phase.
Haynes asked the court to order a new medical examination of Duterte for the trial phase, arguing the previous fitness finding in January covered only pre-trial proceedings.
Trial Chamber III granted the request in June and reconstituted the same three-expert panel in forensic psychiatry, geriatric and behavioral neurology, and neuropsychology that examined Duterte last year. The panel must submit its findings to the ICC Registry by Aug. 18.
Prosecutors expect to complete all remaining pre-trial disclosure and preparation steps by Sept. 30, ahead of the Nov. 30 trial.
