(UPDATE) THE Office of the Prosecutor at the International Criminal Court (ICC) has disclosed 219 new pieces of evidence to the defense team of former Philippine president Rodrigo Duterte, as part of pretrial proceedings related to alleged crimes against humanity committed during his presidency.
The disclosures were revealed in two separate filings, dated June 3 and June 4, submitted to Pre-Trial Chamber I. The chamber is composed of Presiding Judge Iulia Antoanella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou and Judge María del Socorro Flores Liera.
The filings document the formal turnover of the evidence to Duterte’s defense last May 30.
The newly disclosed materials focus on the Duterte administration’s antidrug campaign, specifically targeting operations known as “Barangay Clearance Operations.” These were allegedly part of a broader, systematic assault against civilians suspected of drug involvement.
The prosecution distinguished between materials that substantiate specific crimes and others intended to assist the defense.
It categorized the evidence into a series of thematic packages intended to establish both the nature of the alleged crimes and the broader context under which they were committed.
The first disclosure, made on May 23, consisted of 90 individual items grouped into three distinct evidence packages. The first, INCRIM Package 009, contained 32 items relating to alleged crimes against humanity in the form of murder committed during “Barangay Clearance Operations.”
The second, INCRIM Package 010, included 35 additional items also focused on the same theme — murder during these localized operations, which the prosecution argues were used to target civilians suspected of drug involvement. The remaining 23 items were submitted as Rule 77 Package 001, comprising background material designed to help the defense better understand the political, legal and operational environment in which the antidrug campaign was conducted.
Rule 77 disclosures are not directly incriminating but are required under the ICC’s procedures to ensure the defense can adequately respond to the charges.
A second and more extensive disclosure followed on May 30, with an additional 129 items. INCRIM Package 011 included 44 items, this time focusing not only on specific killings but also on contextual elements that allegedly demonstrate the existence of a state policy during Duterte’s presidential term to commit such acts.
INCRIM Package 012, consisting of 32 items, revisited the theme of Barangay Clearance Operations, apparently offering further documentation and testimonial evidence linking these activities to a broader systematic pattern.
The remaining 53 items were compiled into Rule 77 Package 002, again aimed at assisting the defense with materials that provide institutional, procedural or historical context.
The annexes detailing the content and nature of these items have not been made public. The prosecution cited their sensitive nature, as well as the need to protect witnesses and victims involved in the case.
The filings emphasized that these disclosures were made in accordance with Article 61(3)(b) of the Rome Statute, which requires the prosecutor to provide evidence on which they intend to rely at the confirmation of charges hearing. They also adhered to Article 67(1)(a) and (b), which guarantee the rights of the accused to be informed of the charges and to have adequate time and facilities for the preparation of the defense. Additionally, the submissions were made in compliance with Rule 76(3), which governs the disclosure of witness statements, and Rule 77, which pertains to material relevant to the preparation of the defense.
These procedural safeguards are intended to ensure that the defense is given sufficient opportunity to challenge the prosecution’s case before the charges are formally confirmed.
Duterte is accused of crimes against humanity for actions committed between 2016 and 2022 during his presidency. His war on drugs, launched in mid-2016, has drawn global condemnation for allegedly greenlighting the extrajudicial killing of thousands of Filipinos.
The prosecution is seeking to establish not only the widespread and systematic nature of the killings but also Duterte’s personal responsibility — whether direct or indirect — under doctrines such as command responsibility and policy coordination.
The ICC has provisionally set the confirmation of charges hearing for Sept. 23.
At this stage, the judges will determine whether there is sufficient evidence to believe Duterte committed the crimes he is charged with. If confirmed, the case will advance to a Trial Chamber for formal proceedings.
The arrest warrant against Duterte was issued under seal on March 7, and made public four days later.
Philippine authorities arrested and surrendered him to the ICC on March 12. He has since remained in custody at The Hague.
The Philippines, which ratified the Rome Statute on Nov. 1, 2011, formally notified the ICC of its withdrawal on March 17, 2018.
The withdrawal took effect exactly one year later. Nonetheless, the ICC has asserted that it retains jurisdiction over crimes committed while the Philippines was still a State Party.
