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February 21, 2026 | 4:39pm
Former Philippine President Rodrigo Duterte is seen on a screen in the courtroom during his first appearance before the International Criminal Court (ICC) on charge of crimes against humanity over his deadly crackdown on narcotics, in The Hague on March 14, 2025.
AFP / Peter Dejong / Pool
MANILA, Philippines — The International Criminal Court (ICC) has granted requests from both the camp of former president Rodrigo Duterte and prosecutors to add more items of evidence ahead of next week’s confirmation of charges hearing over his controversial war on drugs.
In a decision dated February 20, Pre-Trial Chamber I approved the “Defence Second Request for Leave to Add Items to its List of Evidence” and the prosecution’s request to add 14 items to its own list of evidence.
The decision comes just days before Duterte’s scheduled February 23 confirmation hearing, where judges will determine whether there is sufficient evidence to move forward to trial. The hearing spans four days, after which the judges will have 60 days to issue a written decision.
Court records show that on February 10, the chamber had already granted earlier requests from both sides to add items to their respective evidence lists, with updated versions filed on February 13.
On February 18, Duterte’s defense team sought permission to include 108 additional items, saying the prosecution had confirmed in inter partes communications that the additions would cause it no prejudice.
On the same day, prosecutors said they would not object to the defense’s request and asked the chamber to admit 14 more items to their own list. They clarified that the defense had likewise agreed not to oppose the move.
"Noting the limited extent of the requested additions, the nature of the material concerned and its relevance to the charges brought against the suspect, as well as the absence of objection from the parties and participants to both the Defence’s and Prosecution’s Requests, the Chamber considers that there is good cause to grant such requests without causing undue prejudice to either party," the pre-trial chamber said.
"FOR THESE REASONS, THE CHAMBER HEREBY GRANTS the Defence’s Request and the Prosecution’s Request," it added.
The judges then ordered both parties to file their updated lists of evidence no later than 4 p.m. on February 20.
Duterte, 80, will not attend the hearing in The Hague after the ICC granted his defense’s request to waive his right to appear, despite judges ruling that he is fit to participate.
The case, formally titled "The Prosecutor v. Rodrigo Roa Duterte," stems from the ICC’s investigation into alleged crimes against humanity linked to thousands of killings during Duterte’s anti-drug campaign.
Prosecutors have charged him with three counts of crimes against humanity, citing at least 76 murders between 2013 and 2018. Victims’ lawyers say the true number of killings is likely in the thousands and a trial could encourage more families to come forward.
Duterte was arrested in Manila in March last year, flown directly to the Netherlands and has since been held at the ICC’s detention unit at Scheveningen Prison. He appeared frail and barely spoke during his initial hearing via video link. — with a report from Agence France-Presse
