Lawyer Peter Haynes, lead defense counsel of former President Rodrigo Duterte, attends the second status conference of the International Criminal Court (ICC) Trial Chamber III on June 23, 2026. (Courtesy: ICC-CPI)
The defense team of former President Rodrigo Duterte urged the International Criminal Court (ICC) Trial Chamber III to order the prosecution to refile the charges against him, arguing that the current document fails to adequately inform him of the case he has to face.
In a motion dated Aug. 31 and signed by Duterte’s lead defense counsel Peter Haynes, the defense argued that the Document Containing the Charges (DCC) violates Duterte’s right to be informed in detail of the nature, cause, and content of the charges, as guaranteed under Article 67(1)(a) of the Rome Statute.
The defense said the DCC is framed around “illustrative non-exhaustive incidents” grouped under broad thematic headings, rather than a “clear set of settled facts and circumstances supporting separate counts.”
Because of this, the defense argued that the prosecution should be required under Article 61(9) of the Rome Statute to refile the charges in a manner that “properly inform[s] the accused of the case he needs to meet.”
Duterte is facing three counts of crimes against humanity allegedly committed during his tenure as Davao City mayor and later as president.
The first count involves alleged murders during his mayoral period from 2013 to June 2016.
The second concerns alleged murders of “high-value targets” during the first half of his presidency from around July 2016 to July 2017.
The third involves alleged murder and attempted murder during barangay clearance operations from around July 2016 to September 2018.
The three counts are currently illustrated by 49 incidents allegedly involving “at least hundreds of murders” during Duterte’s mayoral period and “thousands of murders” during his presidency.
The prosecution has also indicated its intention to add more incidents to the DCC.
While the defense said it does not concede that additional incidents may be added without following the procedures required under the Rome Statute, it noted that it had received notice of eight additional incidents, bringing the proposed total to 57.
The defense further argued that the prosecution’s description of the incidents as “non-exhaustive and illustrative” creates uncertainty over the scope of the case Duterte must defend against.
It said this could effectively require the defense to prepare for allegations involving any unlawful killing in the Philippines over a period of more than seven years.
Meanwhile, the prosecution team has submitted its list of witnesses and evidence in its case against former Duterte, with both documents filed confidentially, because they contained “sensitive witness information.”
In a three-page filing dated Aug. 31, the prosecution submitted the lists in compliance with the order of the ICC Trial Chamber III.
Duterte was served a warrant of arrest on March 11, 2025 and was subsequently surrendered to the ICC custody. His trial is scheduled to begin on Nov. 30, 2026.