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Duterte defense asks ICC to exclude two prosecution witnesses ahead of drug war trial

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Floyd Brenz., Philippine Canadian Inquirer
November 10, 2026

Photo Courtesy: AFP

The defense team of former president Rodrigo Duterte has asked the International Criminal Court (ICC) to remove two prosecution witnesses from its list, arguing that their accounts of the administration’s anti-drug campaign are largely based on hearsay, rumors and information from media reports.

In a filing dated November 9, lead defense counsel Peter Haynes challenged the testimonies of two witnesses identified only as P-1334 and P-1348.

The defense argued that both witnesses were absent for nearly the entire period covered by two of the charges against Duterte. Because of this, the lawyers said they had little or no direct knowledge of how decisions were made and how anti-drug operations were carried out during his presidency.

The filing specifically questioned the testimony of P-1334 concerning the alleged role of former Philippine National Police chief and now Senator Ronald “Bato” dela Rosa in carrying out Duterte’s anti-drug campaign.

The defense also challenged P-1348’s statements concerning alleged killing quotas and financial rewards for police officers, saying the witness could not provide firsthand information to support these claims.

The lawyers asked Trial Chamber III to exclude both witnesses from the prosecution’s list. They also urged the judges to disregard portions of their recorded statements that directly attribute alleged acts or orders to Duterte.

The prosecution, meanwhile, has asked the court to admit the witnesses’ previously recorded testimonies under Rule 68 of the ICC’s Rules of Procedure and Evidence, which allows certain prior statements to be considered even when witnesses are not called to testify in person.

The ICC has yet to rule on the competing requests.

Duterte is facing three counts of crimes against humanity over killings linked to his administration’s war on drugs. His trial is scheduled to begin on November 30, 2026.

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