Defense lawyers representing former President Rodrigo Duterte have petitioned Trial Chamber III of the International Criminal Court (ICC) to dismiss the primary charging document in his case, asserting that its open-ended formulation undermines his fundamental right to know the precise allegations against him.
Lead defense counsel Peter Haynes, KC, argued in an August 31 submission that the Document Containing the Charges (DCC) fails to establish a defined factual perimeter, potentially violating statutory protections guaranteed under Article 67(1)(a) of the Rome Statute.
According to the defense team, the prosecution’s decision to characterize the listed violent incidents as “non-exhaustive” and “illustrative-only” leaves the legal framework of the case unclear.
“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 stated.
“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,” it added.
Duterte faces charges of murder and attempted murder as crimes against humanity, organized into three primary counts spanning his tenure as mayor of Davao City and later as president.
Count 1 involves 19 victims across nine incidents in Davao City from 2013 to June 2016; Count 2 covers 14 victims across five incidents involving alleged “High-Value Targets” nationwide from July 2016 to July 2017; and Count 3 addresses 45 victims in 35 incidents related to barangay clearance operations from July 2016 to September 2018.
However, prosecutors have also cited broader allegations involving “at least hundreds” of deaths during his mayoral term and “thousands” throughout his presidency.
“With a trial due to start in three months, the Defence has no idea what is regarded as necessary proof of a ‘count’ on this DCC,” the motion noted.
The defense highlighted that prosecution disclosures have expanded significantly, growing from roughly 5,000 files during the confirmation phase to over 25,000 items, with substantial material covering events beyond the 57 specified incidents.
“The Duterte charges are a literal moving target; a nonexhaustive, illustrative list of events whose proof beyond reasonable doubt may or may not trigger liability for thousands of others, and whose evidential value remains entirely unclear,” the submission detailed.
“The abnormal framing of the charges is a device to allow the Prosecution effectively to throw all its material at the wall and see what sticks, meaning that the accused’s statutory right to be informed in detail of the charges is being violated,” the defense maintained.
Arguing that the current filing forces the accused to prepare against any potential allegation within the specified multi-year periods, the defense urged Trial Chamber III to order prosecutors to refile an exhaustive, fully detailed charging document.
“The DCC in this case is not fit for purpose and should be struck out,” the defense concluded.
Duterte remains detained at the ICC Detention Centre in The Hague following the confirmation of charges in April.
The court has scheduled the trial to open on November 30, with a preparatory status conference set for September 7, where judges expect the former president to appear in person.