THE HAGUE, Netherlands — The International Criminal Court (ICC) has authorized prosecutors to introduce the pre-recorded written testimony of a key witness, designated as “P-1100,” in the ongoing case against former President Rodrigo Duterte.
In a 15-page ruling issued on Friday, October 2, ICC Trial Chamber III granted the prosecution’s motion to submit P-1100’s written statement into evidence pursuant to Rule 68(3) of the court’s Rules of Procedure and Evidence.
Alongside the written statement, the chamber approved five accompanying documents, ruling that they constitute an essential component of the witness’s account and are necessary to fully comprehend the testimony.
Three of the admitted documents are reports personally drafted and submitted by P-1100, while the remaining two were deemed by the panel to be integral to the recorded statement.
However, the panel rejected four additional documents submitted by the prosecution—marked as PHL-OTP-0000-1794, PHL-OTP-0000-1795, PHL-OTP-0000-1796, and PHL-OTP-0000-1799—finding that P-1100 had not sufficiently detailed or referenced them during the testimony.
The judges noted that the defense may still utilize these four rejected materials while cross-examining the witness, adding that the court would re-evaluate their admissibility should the defense later request to enter them into evidence.
To ensure an efficient proceeding, the court also restricted the prosecution’s supplemental direct questioning of P-1100 to one hour, denying the two hours originally requested.
The tribunal admonished prosecutors to exercise greater selectivity when submitting evidence, particularly given the large volume of witnesses and supporting materials involved in the proceedings. The judges specifically cautioned against the “wholesale dumping” of evidence, pointing out the need to avoid repetitive filings or documents of minimal relevance in order to maintain a focused, speedy trial while safeguarding the rights of the accused.
The ICC is trying Duterte for alleged crimes against humanity linked to his administration’s anti-illegal drug campaign, as well as killings tied to similar operations in Davao City during his tenure as mayor.