ICC prosecutors seek additional testimonies, expert report ahead of Duterte trial

ASM, Philippine Canadian Inquirer
October 25, 2026

Photo courtesy: BusinessWorld

MANILA, Philippines — Prosecutors at the International Criminal Court (ICC) are seeking to introduce an expert report and the previously recorded testimonies of three witnesses in the crimes against humanity case against former President Rodrigo Duterte, ahead of his trial scheduled to begin on November 30.

The requests were made in two separate applications to ICC Trial Chamber III, with publicly redacted versions released on October 23.

Prosecutors said the additional materials could help establish Duterte’s alleged involvement in killings linked to his administration’s anti-drug campaign while reducing the time needed to present evidence during trial.

The ICC judges have yet to decide whether to admit the materials.

Three witnesses to testify on alleged police killings

One application seeks to introduce earlier recorded testimonies from witnesses identified as P-1155, P-1156 and P-1157.

Their accounts concern alleged murders covered by the third count of crimes against humanity against Duterte, particularly killings associated with police operations targeting suspected criminals.

According to prosecutors, the testimonies contain information about how certain operations were planned and carried out, including alleged instructions from superiors, the selection of targets and payments connected to the killings.

Witness P-1155 reportedly provides information about orders allegedly issued “from above,” police instructions and a reward linked to one incident.

P-1156’s account concerns the planning and preparation of an operation, including alleged orders and payments. Meanwhile, P-1157’s testimony addresses a killing and a planned police operation against the individuals targeted.

Prosecutors argue that the statements could help establish Duterte’s alleged knowledge and intent, as well as the existence of a broader policy to target suspected criminals through violence.

The specific identities of the witnesses and several details of the incidents remain concealed in the publicly released documents.

Expert report sought to support prosecution evidence

In a separate application dated October 21, prosecutors asked the court to accept a report from an expert witness identified as P-1400, along with 15 supporting materials.

The prosecution described the report as relevant and reliable, arguing that it could help judges assess important issues in the case.

Prosecutors also proposed shortening the expert’s direct examination from five hours to two hours, potentially saving approximately three hours of court time.

The expert’s field of specialization and portions of the report remain redacted.

Both applications were filed under Rule 68(3) of the ICC’s Rules of Procedure and Evidence, which provides a procedure for admitting previously recorded testimony under specified conditions.

The prosecution maintained that the proposed arrangement would not prevent Duterte’s lawyers from challenging the evidence.

The witnesses would still appear in court and remain available for cross-examination by the defense, as well as questioning by the judges and other authorized participants.

Duterte trial scheduled for November 30

The latest applications form part of the prosecution’s preparations for Duterte’s trial, which is set to open on November 30 at the ICC in The Hague, Netherlands.

Duterte faces three counts of crimes against humanity involving alleged murders connected to anti-drug operations during his time as Davao City mayor and Philippine president.

The former president has denied wrongdoing.

In April, ICC judges confirmed the charges and committed him to trial. The court subsequently ruled that Duterte was fit to stand trial after reviewing his ability to understand the proceedings and exercise his legal rights.

A final status conference is scheduled for November 2 to address remaining preparations.

Trial Chamber III must still determine whether the expert report and recorded testimonies meet the requirements for admission.

The prosecution’s requests do not establish the truth of the allegations or constitute a finding of guilt against Duterte.