ICC readies two witnesses, thousands of pages of evidence for Duterte confirmation hearing

Metro Manila, Philippines - The International Criminal Court (ICC) is preparing to present two witnesses and tens of thousands of pages of evidence in the case against former President Rodrigo Duterte, according to newly-released redacted filing from ICC Prosecutor Karim Khan.

In his response to the Pre-Trial Chamber I, Khan disclosed that the prosecution has amassed a significant volume of documentary materials, including 129,358 items totaling 160,679 pages already stored in its database. An additional 48,235 items with more than 100,000 pages are still being processed.

“At present, the Prosecution has 129,358 items (160,679 pages) in its Relativity database, and a further estimated 48,235 items (100,864 pages) held in another database that are currently in the process of being registered,” Khan said.

While the final number of materials to be used in the confirmation hearing is still being determined, Khan said the bulk of the evidence cited in the original arrest warrant application will be presented. This includes 421 documents totaling 8,565 pages, nine photographs, and 30 audio-video files with a combined runtime of at least 15.5 hours.

The prosecution also expects to include additional materials collected during its ongoing investigation. The documents are primarily in English, Tagalog, and Cebuano. Khan said that where necessary, translations into English will be provided.

Khan added that the prosecution intends to call up to two witnesses to testify viva voce, or in person, during the confirmation hearing.

While more individuals were interviewed, only these two are being put forward for testimony at this stage. The prosecution is seeking protective measures for their identities and will submit formal requests to the chamber by May 9.

He further revealed that the prosecution had already disclosed 181 items—amounting to 2,787 pages to the defense on March 21. Another batch of about 160 items, including more than five hours of audio-video recordings, will be disclosed during the week of April 7.

“These items are non-witness related documentary material that it intends to rely upon at the confirmation hearing. These items will require limited standard redactions,” Khan said.

He emphasized that the prosecution is also reviewing its collection for potentially exculpatory material that may support the defense. “The identification of any such information is currently based on the Prosecution’s own theory of the case and anticipated defenses,” he noted.

One witness statement remains subject to a confidentiality agreement, and other potential witnesses may require additional protective measures before their identities can be disclosed.

Khan confirmed that the prosecution aims to complete the review and disclosure of all evidence no later than 30 days before the confirmation hearing, which is scheduled for September 23, 2025.

Duterte was arrested on March 11 upon his arrival from Hong Kong at the request of the ICC, which is probing his administration’s controversial anti-drug campaign. He was flown to The Hague, Netherlands, the same day and appeared before judges via video link on March 14.

The ICC’s arrest warrant alleges that Duterte, as president, orchestrated and enabled death squads that carried out extrajudicial killings of suspected drug users and dealers.

The September 23 hearing will determine whether the charges against the 80-year-old former leader will proceed to trial.