ICC allows 7 more killing incidents in Duterte case, philstar.com reports
The International Criminal Court has permitted prosecutors to add seven more killing incidents to the crimes against humanity case against former President Rodrigo Duterte, philstar.com reported on October 10, 2026. Trial Chamber III issued the decision on October 9, bringing the total incident count in the proceedings to 56 as preparations continue for a November 30 trial opening.
Court Rejects Defense Request to Rewrite Charges
Lead defense counsel Peter Haynes argued in an August 31 motion that building charges on illustrative and non-exhaustive incidents violates Duterte’s right under the Rome Statute to be informed in detail of the accusations, calling the charges a moving target. The defense asked the chamber to order prosecutors to refile the charges before the Pre-Trial Chamber as a closed list of killings.
Judges rejected that request, ruling they lack the authority to compel the prosecution to rewrite the charges, noting that only prosecutors can seek to change confirmed charges with Pre-Trial Chamber permission.
Admission of Seven New Incidents and One Rejection
Trial Chamber III admitted seven new incidents, determining they fell within temporal scopes and the geographical scope of locations across the Philippines. However, the judges rejected Incident 57, which was also filed under Count 2, because it fell outside the July 2016 to July 2017 time frame established for that count.
The public version of the October 9 ruling does not disclose the exact number of murders or attempted murders contained within the seven newly admitted incidents. Police records indicate at least 6,252 deaths occurred during anti-drug operations under Duterte, while human rights organizations estimate the total reaches up to 30,000, including vigilante-style killings.
Dispute Over Dataset Disclosure and Evidence Review
In a separate filing dated October 9, Duterte’s defense team asked Trial Chamber III for permission to submit a reply regarding the disclosure and review of a dataset containing records of roughly 32,000 items during his presidency. The defense argued that prosecutors failed to determine the relevance or exonerating nature of the bulk of the material, instead selecting only incriminating items.
The defense questioned the accuracy of the dataset, citing an example involving a recorded stabbing dispute over gambling where a suspect was labeled a drug pusher, and warned that hundreds or thousands of similar non-drug incidents could skew prosecution figures. The filing also contested the prosecution’s handling of the disclosure platform and requested three days to file a 10-page reply once granted leave by the chamber.
Next Deadlines in the Proceedings
Prosecutors must submit their revised trial brief, witness list, and evidence list by October 16. The defense is required to file its list of contested issues by October 30 ahead of the scheduled November 30 trial start.