Defense seeks to add 78 evidence items ahead of Duterte ICC confirmation hearing

Lawyers for former president Rodrigo Duterte have asked the International Criminal Court (ICC) to allow them to add 78 items to their evidence list for the confirmation of charges hearing later this month, arguing the materials are necessary to challenge the prosecution’s case. In a filing dated Feb. 5, the defense, led by counsel Nicholas Kaufman, sought leave from Pre-Trial Chamber I to supplement its List of Evidence under Article 61(6)(c) of the Rome Statute and Rule 121(6), saying the additional materials are directly relevant to issues to be addressed at the hearing. The defense said the request followed the prosecution’s disclosure of 1,242 additional items after the original hearing schedule was postponed, many of which were identified as potentially exculpatory or relevant to trial preparation. According to the filing, 24 of the proposed defense items were disclosed only after the original deadline for listing evidence, while the remainder became significant after reviewing the newly disclosed materials together. Lawyers argued that adding the evidence is necessary to properly contest the prosecution’s allegations at the confirmation stage, where judges determine whether there are substantial grounds to believe the accused committed the crimes charged. No prejudice to prosecution The defense maintained that the request does not seek to...