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Prosecution seeks to fast-track testimonies of three witnesses in Duterte drug war case

Former President Rodrigo Duterte appears before the International Criminal Court at The Hague on October 13, 2026, for the fourth case conference concerning three counts of crimes against humanity linked to his administration’s war on drugs. ICC Handout 

MANILA — The International Criminal Court’s Office of the Prosecutor is seeking to formally introduce the prior recorded testimonies of three key witnesses in the case against former president Rodrigo Duterte, a move designed to streamline trial proceedings while establishing the broader framework of his anti-illegal drug campaign.

In a public redacted filing dated October 30, 2026 and released by Acting Prosecutor Mame Mandiaye Niang on Wednesday, the prosecution requested the formal submission of witness statements and associated materials for P-0004, P-0014, and P-1371. 

According to the filing, utilizing the prior recorded testimonies will “enhance the expeditiousness of the proceedings by reducing the length of the witnesses’ direct examination… thus saving at least [REDACTED] hours of court time.”

Instead of full direct interrogations, the prosecution is asking for leave to conduct focused, streamlined supplementary examinations.

The prosecution said the evidence brought forward by the three witnesses was “relevant, reliable, and probative.” 

“It also goes to the proof of the contextual elements of crimes against humanity and to the policy to ‘neutralise’ through violent crimes, including murder, alleged criminals in the Philippines… P-0004’s testimony goes to proof of the widespread and systematic attack on the civilian population as well as specific charged incidents,” it said of the evidence. 

It added that the testimonies are “particularly relevant to the pattern of violence used against alleged criminals by the Philippines National Police (‘PNP’) and non-police assets” and serve as proof of “the contextual elements of crimes against humanity and to the policy to ‘neutralise’ through violent crimes, including murder, alleged criminals in the Philippines.”

The filing outlined the following specific contributions from each witness. 

  • P-0004 provides evidence describing patterns, trends, and the modus operandi of PNP killings, including “how operations changed,” alongside details regarding specific charged incidents.
  • P-0014 provides testimony relating to Duterte’s election to the presidency and his campaign against illegal drugs. 
  • P-1371 states that “[REDACTED] actively participated in ‘Duterte’s War on Drugs’ by enforcing the broader policy that Mr Duterte enacted,” detailing how individuals were utilized to carry out extrajudicial killings and providing comprehensive accounts of the implementation of the policy.

The prosecution said the introduction of the prior recorded testimonies into evidence “would not be prejudicial to or inconsistent with the rights of the Accused.”

The filing pointed out that the witnesses “will be available for cross examination by the Defence and any further questioning by the Chamber, the parties, and the Common Legal Representatives of Victims.” 

It added that the defense had been formally notified of the prosecution’s intention since August 31, 2026, providing adequate time for preparation.

To ensure credibility, the prosecution noted that the testimonies bear formal indicia of reliability, as they “were signed by the witnesses, who attested to the fact that they were voluntarily given and record their best recollection of events.” 

Additionally, the accounts are described as internally consistent, mutually corroborative, and aligned with testimonies expected from various other viva voce witnesses lined up for the trial.

The application concludes with a request for the Chamber to grant the submission, subject to the fulfillment of further conditions under the court’s rules. 

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