PROSECUTORS at the International Criminal Court (ICC) have removed one incident from their trial brief in the crimes against humanity case against former Philippine President Rodrigo R. Duterte, following an order from the trial judges.
According to a court filing made public on Wednesday, the Office of the Prosecutor submitted an updated version of its trial brief, originally filed on Sept. 4, “further to the Chamber’s order to remove Incident 57.”
The public version of the filing, dated Oct. 20, is heavily redacted. It cited a chamber decision on defense motions about the charges as the basis for the order.
The updated brief and its annexes were first filed on a confidential basis, the prosecution said, because they contain “sensitive witness related information.” A public redacted version was to follow, it added.
Despite removing a specific incident, Acting Prosecutor Mame Mandiaye Niang said the prosecution made “no amendments” to its list of witnesses or its list of evidence.
The filing says only that certain material, “combined with other evidence relating to Incident 57,” remains relevant to the contextual elements of crimes against humanity and to Mr. Duterte’s individual criminal responsibility.
Mr. Duterte, 81, faces three counts of crimes against humanity, comprising of murder and attempted murder under Article 7 of the Rome Statute, linked to the anti-illegal drug campaign during his time as president and as mayor of Davao City.
Pre-Trial Chamber I confirmed all charges on April 23 and committed him to trial.
Mr. Duterte has been in ICC custody since he was surrendered to the court in March 2025 and has consistently denied the allegations.
The case is being heard by Trial Chamber III, composed of Presiding Judge Joanna Korner, Judge Keebong Paek and Judge Nicolas Guillou. The chamber has scheduled the opening of the trial for Nov. 30.
The court said on Oct. 8 that independent medical experts had examined Mr. Duterte and concluded he was mentally fit to understand the evidence and discuss his defense with his lawyers. The judges also rejected a request from his counsel for further medical examination.
The prosecution has said it may add further incidents to its case, while the chamber has said victims may apply to participate in the proceedings until the end of the prosecution’s presentation of evidence.
Mr. Duterte is the first former Asian head of state to face trial at the ICC. The Philippines withdrew from the court in 2019, though the ICC has maintained it has jurisdiction over alleged crimes committed while the country was a member. — Erika Mae P. Sinaking