The International Criminal Court (ICC) prosecutor is expected to present additional evidence against former Philippine President Rodrigo Duterte, beyond what was initially used to justify his arrest warrant.
In a March 24 filing to ICC Pre-Trial Chamber I, Prosecutor Karim Khan confirmed that the "181 items" disclosed to Duterte’s defense team do not include materials from seven witnesses. These additional pieces of evidence remain confidential.
The court has granted Khan’s request to extend the deadline for submitting these new materials, though the exact timeline remains unclear.
During Duterte’s first tribunal appearance on March 14, ICC Pre-Trial Chamber I Presiding Judge Iulia Motoc ordered the prosecutor to disclose the basis for the arrest warrant within seven days. Khan complied, submitting the "Pre-Confirmation INCRIM package 001" on March 21.
The ICC's procedures mandate full disclosure of evidence to the accused before the confirmation of charges hearing, scheduled for September 23. This process ensures due process under the Rome Statute, the treaty that established the ICC.
ICC’s focus on justice
Despite criticism and misinformation targeting the ICC, tribunal spokesperson Fadi El Abdallah affirmed their commitment to delivering justice.
“We are focused on revealing the truth and ensuring justice for the victims,” Abdallah told GMA News.
He reiterated that the ICC retains jurisdiction over alleged crimes committed while the Philippines was a party to the Rome Statute (November 1, 2011 – March 16, 2019), despite the country's withdrawal from the treaty in 2019. Both the ICC and the Philippine Supreme Court have upheld this jurisdiction.
Legal challenges and Duterte's return
Meanwhile, efforts by Duterte’s children to challenge the ICC warrant through the Philippine Supreme Court have been dismissed as futile by legal experts.
Attorney Kristina Conti, a legal representative for the drug war victims, argued that the habeas corpus petition filed by Duterte’s children—Davao City Mayor Sebastian Duterte, Rep. Paolo Duterte, and Veronica Duterte—lacks legal grounds.
"How can Philippine authorities enforce habeas corpus when Duterte is not in their custody?" Conti questioned.
She emphasized that irregularities in arrest warrants do not automatically invalidate ICC proceedings unless serious mistreatment is proven.
She further stressed that even President Ferdinand Marcos Jr. cannot unilaterally bring Duterte back without ICC approval.
Conti is currently in The Hague, preparing for the victims' participation in the upcoming ICC proceedings.
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