Former president Rody Duterte’s defense team is challenging the International Criminal Court’s broad formulation of the charges against him, arguing that it violates his right to know the specific case he must face and hampers his ability to prepare for trial.
Duterte’s lead counsel Peter Haynes said the Document Containing the Charges fails to sufficiently identify the factual basis of the allegations. The defense pointed to 57 identified incidents that prosecutors describe as “non-exhaustive” and “illustrative-only,” leaving open the possibility that other killings could later be used in the case.
“The charges, as currently framed, violate the accused’s right to be informed in detail of the nature, cause and content of the charges against him,” the defense said.
The defense also challenged the prosecution’s expanding disclosure, which it said grew from about 5,000 documents to more than 25,000 items. It argued that the combination of an expanding body of evidence and charges that are not exhaustively defined leaves Duterte facing what his lawyers called a “moving target.”
“The Prosecution’s decision to frame the charges in this entirely novel way makes it impossible for the defendant to know what case he has to meet at trial,” the defense said.
Duterte remains in the custody of the ICC after his arrest on March 11, 2025. His trial is set to begin on Nov. 30 following the confirmation of charges alleging crimes against humanity.
The challenge comes as the ICC faces its own confrontation with the Trump administration. Washington has imposed sanctions on senior ICC officials and accused the court of abusing its authority by asserting jurisdiction over officials from countries that have not consented to its jurisdiction. Secretary of State Marco Rubio has vowed to dismantle the ICC “brick by brick,” while the administration has described the court as “corrupt and fatally politicized.”
