ICC victims’ counsel supports witness testimony request in Duterte case
Families of victims of the war on drugs under former President Rodrigo Duterte, along with human rights advocates, gather at the National Council of Churches in the Philippines in Quezon City on September 16, 2026, to watch the livestream of the International Criminal Court’s third status conference. In a rare appearance, Duterte attended the proceedings, which the families of victims welcomed as a sign that he is fit to stand trial. Jire Carreon, ABS-CBN News/FileMANILA — Legal representatives for victims participating in the International Criminal Court proceedings against former President Rodrigo Duterte have formally backed a prosecution request to introduce prior recorded testimonies from three witnesses, arguing the move will streamline the trial while protecting the interests of those affected.
In a filing dated Oct. 27, the Common Legal Representatives of the Victims urged Trial Chamber III to grant the prosecution’s application concerning witnesses P-1370, P-1393, and P-1416 under Rule 68(2)(b) of the Rules of Procedure and Evidence.
The legal team maintained that the evidence in question satisfies the necessary legal standards because the testimonies “do not appear to concern the acts and conduct of Mr. Duterte. Rather, they relate primarily to the contextual elements of crimes against humanity.”
According to file details, the material from the three witnesses primarily concerns alleged extrajudicial killings committed in Central Luzon and falls within the scope of Count 3.
The documents and testimonies provide background information and detail circumstances surrounding specific incidents.
The representatives argued that the evidence is relevant, reliable, probative, and corroborative of other witness accounts without being overly cumulative.
They noted that the testimonies “appear to have sufficient indicia of reliability, having been voluntarily recorded during the Prosecution’s investigation in the Philippines.”
Furthermore, the legal team emphasized that admitting these prior recorded testimonies would serve the interests of justice by helping conserve the court’s time and resources and ensuring an expeditious trial.
Granting the request, the representatives stated, would safeguard the well-being of the individuals involved by sparing them from testifying directly on certain matters, aligning with the court’s obligations under the Rome Statute to protect the safety, dignity, and privacy of victims and witnesses while maintaining a fair trial.
“Given that the prior recorded statements relate to contextual elements… [safeguarding] wellbeing through the introduction of their testimonies pursuant to rule 68(2)(b)… would therefore be consistent with the Chamber’s obligation… to ensure that the trial is fair and expeditious.”
The filing was submitted by legal representatives Gilbert Andres, Joel Butuyan, and Paolina Massidda.