ICC prosecutor shrugs off Duterte defense hitting media, witnesses
The ICC Deputy Prosecutor emphasized that the strength of the case against former President Rodrigo Duterte relies on substantial findings from an independent investigation, not on corroboration of media reports or witness statements, a direct rebuttal to Duterte's defense challenging their reliability.
The International Criminal Court (ICC) has been conducting confirmation of charges hearings against former Philippine President Rodrigo Duterte, with Deputy Prosecutor Mame Mandiaye Niang leading the prosecution after Chief Prosecutor Karim Khan was disqualified in October 2025 over perceived conflict of interest. The hearings, which began on February 23, 2026, focus on Duterte's alleged role in crimes against humanity during the Philippines' 'war on drugs' from November 2011 to March 2019. The prosecution alleges Duterte played a pivotal role in a collective plan that resulted in the murder of at least 78 victims across 49 incidents, with these cases representing a small sample of broader atrocities.
During the proceedings, Duterte's defense team has challenged the reliability of evidence, including media reports and witness statements. In response, Deputy Prosecutor Niang emphasized that the strength of the case rests on substantial findings from independent investigations rather than on corroboration of media reports or witness testimonies. This represents a direct rebuttal to defense arguments questioning the reliability of such evidence sources. The prosecution maintains that their case is built on comprehensive documentation and forensic evidence gathered through the ICC's independent investigative processes.
The confirmation hearings concluded on February 27, 2026, before Pre-Trial Chamber I composed of Judge Iulia Motoc (Presiding), Judge Reine Alapini-Gansou, and Judge Socorro Flores Liera. Judges now have 60 days to determine whether substantial grounds exist to proceed to a full trial. Duterte, who was arrested on March 12, 2025, following a secret ICC arrest warrant issued on March 7, 2025, remains in ICC custody after his initial appearance on March 14, 2025.
The Philippine government under President Ferdinand Marcos Jr. has maintained a stance of non-cooperation with the ICC unless an Interpol red notice is issued, though Marcos stated in November 2024 that his government would not block an ICC probe if Duterte consents. The defense team, now led by British-Israeli lawyer Nicholas Kaufman, has formally challenged the ICC's jurisdiction over the case and has raised questions about the reliability of various evidence sources, including media reports documenting the drug war killings. The prosecution's emphasis on independent investigative findings rather than media or witness corroboration represents a strategic response to these defense challenges.
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