ICC prosecutors move to streamline evidence, submit 3 written testimonies in Duterte case

Prosecutors at the International Criminal Court (ICC) are seeking to streamline their case against former Philippine President Rodrigo Duterte, asking judges to accept written testimonies from three key witnesses rather than calling them to testify live in court.

In a public redacted document released on October 19, 2026, the Office of the Prosecutor argued that admitting the pre-recorded statements of witnesses P-0024, P-1357, and P-1359 would save valuable court time and resources while strengthening the foundation of the trial.

“Granting the request will enhance the expeditiousness of the proceedings, obviate the unnecessary appearance of the witnesses, save valuable court time and resources, and serve the interests of justice,” the prosecution stated in the document.

Rather than detailing the direct conduct of Duterte himself, prosecutors noted that the three statements focus heavily on the broader machinery of the state’s anti-drug campaign, specifically proving the systematic, widespread nature of alleged extrajudicial killings and a high-level policy to “neutralise” suspected criminals through violence.

“As submitted, the Prior Recorded Testimonies of the Three Witnesses do not focus on the acts and conduct of the Accused. They primarily relate to the contextual elements of crimes against humanity… and the widespread and systematic nature of such crimes,” the document stated.

The filing sheds light on the nature of the accounts gathered by international investigators.

One witness, identified as P-1357, “was a [REDACTED]… in the Philippines after [REDACTED] received reports of death squad killings taking place in Davao City… notes that the words and actions of Mr Duterte indicated his support for killings of criminal suspects.”

A second witness, P-1359, “was [REDACTED] in different police regions from 1996 to 2019… P-1359 further explains that there was an increase in drug-related shooting incidents… following Mr Duterte’s presidential election… and that he received a communication signed by co-perpetrator Ronald Dela Rosa… prohibiting cooperation with the Commission on Human Rights’ (“CHR”) investigation into extra-judicial killings (“EJK”).”

Associated materials submitted by P-1359 include Tokhang-related crime matrices, translations of online communications, and photographs showing bodies of victims left with cardboard placards.

The third witness, P-0024, provided crucial legal and court documents verifying the chain of custody and authenticity of official police records, shedding light on why certain state records may have been incomplete or selectively disclosed.

“P-0024 is [REDACTED] – [REDACTED] Philippines that focuses on [REDACTED] and [REDACTED] Mr Duterte’s “war on drugs”… He also provides an overview of the content of the [REDACTED] and his observations on why the records may have been incomplete or selectively disclosed.”

By filing the request under Rule 68(2)(b) of the ICC Rules of Procedure and Evidence, Acting Prosecutor Mame Mandiaye Niang emphasized that skipping live testimony for these specific individuals would avoid putting them through unnecessary court appearances while keeping proceedings moving efficiently.

“The Prosecution incorporates by reference its summary of the applicable law as set out in paragraphs six to ten of its first application under rule 68(2)(b),” the document noted.

The prosecution stressed that submitting written statements will not violate Duterte’s rights as an accused.

“The introduction of the Three Witnesses’ Prior Recorded Testimonies into evidence is not prejudicial to, or inconsistent with, the rights of the Accused.”

The defense team retains the ability to cross-examine other live witnesses on the same issues, present counter-evidence, and challenge how much weight judges should give to the written accounts.

“Furthermore, the Defence retains the possibility to cross-examine other viva voce and rule 68(3) witnesses on the basis of information contained in the Prior Recorded Testimonies… or advance arguments on the weight to be attributed to the Prior Recorded Testimonies.”

All three testimonies were provided voluntarily in English and signed after being reviewed by the witnesses, meeting the court’s standards for reliability and consistency.

The ICC Pre-Trial Chamber will decide on the prosecution’s application in due course.