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TRUTH VERIFIER

ICC limits pre-trial evidence in Duterte's case

Former president Rodrigo Duterte. (Photo from Nikkei Asia)

4/23/25, 11:21 AM

By Tracy Cabrera

THE HAGUE, Netherlands — Signaling its clear intent to avoid what it called a 'mini-trial' before trial, the International Criminal Court (ICC) has issued a sweeping procedural order that narrows the scope of evidence and outlines a firm timeline for the confirmation of charges proceedings against former president Rodrigo Roa Duterte (FPRRD).

In a 17-page decision, dated last Thursday, April 17, the ICC's Pre-Trial Chamber I stressed the importance of securing efficiency and focus, curbing prosecutorial discretion while upholding the rights of both the accused and the victims.

The chamber emphasized its goal to set limitation and streamline the process in order to discourage procedural sprawl and avoid undue delays ahead of the scheduled hearing on September 23.

Duterte, who faces multiple charges of crimes against humanity stemming from his bloody war on drugs that left thousands dead, was arrested on his arrival in Manila from Hong Kong on March 11 by virtue of an ICC arrest warrant issued four days earlier and was flown to The Hague that same day.

At the heart of the court's new procedural framework is a sharply limited disclosure regime where prosecutors must submit only materials deemed "directly relevant" to the charges. These must also be grouped thematically—by alleged crimes, contextual factors or modes of liability—and classified as incriminating, exonerating or essential for defense under ICC Rule 77.

Furthermore, it was explained that each item must be accompanied by a disclosure note explaining its relevance. The deadline for this evidentiary filing is July 1. By July 4, the Office of the Prosecutor (OTP) is expected to file a concise, 30-page document containing the charges (DCC), supported by a 90-page pre-confirmation brief (PCB).

The Chamber described this format as "sufficiently substantiated yet restrained." Challenges to the DCC are due by July 16, while the prosecution has until August 20 to amend or supplement the charges. The defense must disclose its evidence by September 5. Final written submissions from both sides are due 10 days before the hearing begins.

Meanwhile, victims of Duterte’s drug war will be allowed to participate in the proceedings, though through a phased approach. The ICC Registry will process applications in groups, with deadlines set for Augusr 20 (Group C) and 27 (Groups A and B). The Office of Public Counsel for Victims (OPCV) will provide interim legal representation.

While the number of victims granted participatory status remains unspecified, the court's staggered timeline signals an effort to balance representation with judicial efficiency.

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