Duterte at the ICC: Prosecutors move to streamline trial with expert reports on drug war killings

MANILA — Prosecutors at the International Criminal Court (ICC) have formally applied to introduce expert reports and written testimony into evidence in the case against former president Rodrigo Duterte to expedite court proceedings while presenting statistical analysis alleging systemic extrajudicial executions during his administration.

In a public redacted version of the prosecution’s 11th application under Rule 68(3) filed on Oct. 30, 2026, the Office of the Prosecutor requested Trial Chamber III to allow written findings from three expert witnesses—identified as P-1071, P-1078, and P-1162—to enter the trial record alongside limited, focused oral questioning.

The prosecution argued that submitting the expert documentation in written form would streamline the trial and save significant time without infringing on the accused’s rights.

“Granting the Application will enhance the expeditiousness of the proceedings by reducing the length of each witness’s direct examination from [REDACTED] hours to [REDACTED] hours for P-1071 and P-1078 and from [REDACTED] hours to [REDACTED] hours for P-1162, saving approximately [REDACTED] hours of court time,” the filing stated.

The prosecution noted that the defense team representing Duterte “agreed, in principle, to the introduction of expert reports via rule 68(3) of the Rules,” which permits the submission of previously recorded testimony provided the defense retains the right to cross-examine the witnesses.

Among the submissions is an expert evaluation prepared by witness P-1162, who examined data on anti-illegal drug operations conducted by the Philippine National Police (PNP) during the Duterte administration. 

“More specifically, P-1162 analysed the use of deadly force by the PNP, through a series of national, international and regional comparisons… in light of the number of suspects and police who died in anti-illegal drug operations during Mr Duterte’s presidency,” the document read.

The prosecution submitted P-1162’s core report, an addendum, two prior statements, and two compiled datasets, with a focus on police operations in Bulacan province.

“Expert Report20 prepared by P-1162 along with the Addendum to his Expert Report, 21 and two prior statements… : (i) two datasets that P-1162 compiled and referred to in his Expert Report… with a particular focus on Bulacan province,” the filing stated. 

According to the prosecution’s summary, P-1162 evaluated casualty figures by assessing fatality ratios between suspects and law enforcement officers.

“P-1162’s Reports identify and evaluate indicators such as ratios of suspects wounded against suspects killed, suspects killed against police officers killed, and number of operations against suspects killed,” said in the document. 

The filing noted that P-1162’s reports “demonstrate the implausibility that the number of suspects killed can be explained by legitimate self-defence in light of the number of suspects and police who died in anti-illegal drug operations during Mr Duterte’s presidency.”

Quoting directly from P-1162’s assessment, the document stated that the suspect to police officer fatality ratios “provide a compelling evidentiary basis to conclude that a vast majority of these encounters were staged to mask targeted killings, representing a systemic practice of extrajudicial execution rather than legitimate law enforcement.”

P-1162 further concluded that “even when compared to ‘jurisdictions notorious for violent policing’, the use of deadly force by police in the Philippines during Mr Duterte’s presidency was extreme and a statistical outlier.” 

Additionally, drawing on baseline data from the preceding administration of Benigno Aquino III and the subsequent administration of Ferdinand Marcos Jr., the addendum found that total deaths during Duterte’s presidency “significantly exceeds the number that would be expected having regard to the respective baselines.”

The application also seeks to admit a joint expert report.

Specific details regarding their identities, exact fields of expertise, and five formal opinions were redacted from the public record. In its filing, the prosecution noted that P-1071 is a “[REDACTED]” and P-1078 is an “[REDACTED],” both listed on the Registry’s List of Experts.

Addressing the legal standards for admitting expert evidence, the prosecution stressed that all three individuals were recognized authorities and that their findings were directly relevant to the trial chamber’s evaluation of facts.

“The Expert Reports are each relevant, reliable and probative,” the prosecution wrote, adding that “they bear formal indicia of reliability for introduction into evidence under rule 68(3), including being dated and provided voluntarily to the Prosecution in response to letters of instruction on the understanding they would be introduced into evidence.”

The filing was submitted by Acting Prosecutor Mame Mandiaye Niang on Nov. 4, 2026.

Trial Chamber III will review the submission to determine whether the written reports meet the criteria under rules of the Rome Statute.