ICC Prosecutors Request Review of Documents Linking Former President Duterte to Davao Death Squad

International Criminal Court (ICC) prosecutors have formally requested Trial Chamber III to review documents submitted by a witness that may establish a connection between former Philippine President Rodrigo Duterte and the Davao Death Squad (DDS). This development was disclosed in a document made public on Monday, September 7, 2026.

The request was filed on August 31 by Acting Prosecutor Mame Mandiaye Niang, who sought permission for a witness identified only as “P-1100” to submit a written statement in lieu of appearing in person to testify. This approach is permitted under Rule 68 of the ICC Rules of Procedure and Evidence, which allows the use of prior recorded testimony before a witness’s scheduled testimony, subject to cross-examination and questioning by the Trial Chamber.

Niang emphasized the significance of the witness’s prior recorded testimony, describing it as particularly relevant to the policy of “neutralizing” alleged criminals through violent means, including murder, in the Philippines. The testimony reportedly sheds light on the modus operandi of the DDS and implicates Duterte’s criminal responsibility, particularly regarding his knowledge and intent.

The prosecution’s request to use the witness’s statement instead of live testimony is also motivated by concerns over Duterte’s health and the need to expedite the trial proceedings. Niang noted that granting the request would reduce the witness’s direct examination time from an estimated seven hours to two hours, thereby streamlining the process.

Rodrigo Duterte faces multiple charges at the ICC, including two counts of murder as crimes against humanity, as well as one count of attempted murder and murder as crimes against humanity. These charges relate to his alleged role in the Philippine drug war during his tenure as president and his earlier period as mayor of Davao City.

The trial is scheduled to begin on November 30, 2026, barring any unforeseen delays. The prosecution’s submission of this request marks a significant step in the preparation for the trial, as it seeks to present evidence linking Duterte directly to the DDS, a vigilante group accused of extrajudicial killings.

This move follows previous ICC proceedings where prosecutors have sought to establish a chain of command implicating Duterte in the operations of the DDS, which allegedly carried out killings under his authorization. The use of prior recorded testimony is a procedural strategy aimed at balancing the thorough presentation of evidence with the practical considerations of the trial timeline and the accused’s health.

The ICC has yet to release findings from independent medical experts assessing Duterte’s fitness to stand trial, a factor that may influence the pace and conduct of the proceedings. Meanwhile, the prosecution continues to compile and submit evidence to support its case against the former president.