THE HAGUE, Netherlands – The defense team of former Philippine President Rodrigo Duterte has asked the International Criminal Court (ICC) to remove two prosecution witnesses from its list, arguing that their testimonies are allegedly based on hearsay and information obtained from traditional and social media sources.
In a redacted request filed on November 9, defense lawyer Peter Haynes urged ICC Trial Chamber III to exclude witnesses identified as P-1334 and P-1348 from the proceedings.
According to the defense, both witnesses were reportedly outside the Philippines for most of the period covered by Counts 2 and 3 of the charges against Duterte.
The defense further argued that neither witness possesses direct personal knowledge of decisions and operations allegedly carried out during Duterte’s administration, particularly claims involving supposed killing quotas, financial rewards, and target lists that also mention Senator Ronald “Bato” dela Rosa.
Haynes maintained that portions of the witnesses’ statements concerning alleged killings linked to the anti-drug campaign were based only on newspaper reports and accounts relayed by other individuals, which he argued lack sufficient probative value to be admitted as evidence against his client.
Duterte is scheduled to face trial before the ICC on November 30, 2026, where he will answer charges related to three counts of crimes against humanity.
As of Tuesday, Trial Chamber III had not yet issued a ruling on the defense motion.
The motion comes weeks before the start of the Duterte ICC Trial, which is scheduled to open on November 30, 2026, before Trial Chamber III of the International Criminal Court. Prosecutors have previously confirmed that Duterte will stand trial on charges of crimes against humanity in connection with killings linked to the anti-drug campaign during his tenure as president and as mayor of Davao City.
Court records show that ICC prosecutors have prepared an extensive evidentiary presentation and previously submitted confidential witness and evidence lists ahead of trial. Prosecutors earlier disclosed plans to present dozens of witnesses, including insider and crime-base witnesses, to support their case.
In a separate filing dated November 5, 2026, the Office of the Prosecutor requested protective measures for 55 witnesses, citing security, privacy, and psychological well-being concerns. The prosecution sought measures such as pseudonyms, voice and face distortion, and closed-door sessions for certain witnesses.
Prosecutors have also indicated that approximately 78 witnesses may be presented during the proceedings, with some expected to testify remotely through audio-video link technology.
The ICC has stated that Duterte remains in its custody while preparations continue for the opening of trial proceedings.