THE defense team of former president Rodrigo Duterte, who faces crimes against humanity charges before the International Criminal Court (ICC), suffered two setbacks heading into Monday’s key confirmation of charges hearing in the Netherlands. In a unanimous ruling, the Pre-Trial Chamber I denied the defense’s request to compel the prosecution to disclose further identifying information about certain witnesses and to submit less-redacted versions of key documents, including the Document Containing the Charges and the Pre-Confirmation Brief. Earlier, the chamber also denied the defense request to disqualify the external legal representatives of victims of Duterte’s drug war, saying his lawyers did not adequately demonstrate any conflict of interest or legal impediment that would warrant the removal of the victims’ lawyers. The confirmation of charges hearing that begins on Feb. 23 will determine if the court finds that the prosecutor has gathered enough evidence to go to trial. Duterte will not be at the hearing, in person or online as he has waived his right to be there, citing his rejection of the ICC’s jurisdiction and his health. In rejecting the defense bid to obtain more information about witnesses for the prosecution, Presiding Judge Iulia Antoanella Motoc, joined by Judges Reine Alapini-Gansou and Maria del Socorro Flores Liera, ruled that existing redactions — which obscure only information that could identify victims and witnesses — appropriately balance the principle of public proceedings with the court’s obligation under the Rome Statute to ensure the safety and dignity of those involved. The judges said the right to a public trial does not equate to an absolute right for the public or the defense to know all details of a case if doing so would undermine the integrity of proceedings or endanger individuals participating in them. Prosecutors had opposed the request earlier this week, arguing that the redactions were necessary due to sensitive security-related information concerning victims and witnesses. The Common Legal Representatives for Victims also supported maintaining confidentiality for certain information while favoring maximum possible public access to allow victims to follow the proceedings. The chamber also rejected the defense’s request to compel the prosecution to declare the whereabouts and availability of certain witnesses for trial, noting that no legal basis had been provided to support such a demand under the court’s framework. The ICC judges, on the other hand, have granted requests from both the defense team and the Office of the Prosecutor to expand their respective lists of evidence. In a decision issued Feb. 20, Pre-Trial Chamber I approved the defense’s request to add 108 items to its evidence list and the prosecution’s request to admit 14 additional items into the record, citing the limited extent of the requested additions, the relevance of the materials to the charges, and the absence of objection from either party. Duterte’s legal team, led by counsel Nicholas Kaufman, argued that the additional materials were highly relevant to the crimes against humanity case against the former president. The defense said six of the items had already been disclosed since February 2025 but had since become essential as evidence. Kaufman described the additions as modest in volume, noting that aside from three items, the materials largely consisted of prosecution evidence or transcripts of audio-video material previously disclosed by the prosecution. The defense warned that failure to admit the materials would cause significant prejudice to Duterte. Prosecutors, for their part, said the defense had agreed not to object to the inclusion of the 14 additional items they sought to introduce. The confirmation of charges hearing, set for Feb. 23–24 and Feb. 26–27 in The Hague, will determine whether there are substantial grounds to believe Duterte committed crimes against humanity in connection with killings linked to his anti-drug campaign as mayor of Davao City and later as president. Duterte, 80, has been detained at the ICC’s detention facility in The Hague since March 2025 and faces three counts of crimes against humanity tied to drug war deaths between 2011 and 2019. In rejecting Duterte’s bid to disqualify the legal representatives of victims, the chamber described the defense arguments as “speculative and hypothetical,” and said it failed to demonstrate any conflict of interest or legal impediment that would warrant their removal. The legal team representing Duterte sought the disqualification of three Filipino attorneys — Nicole Arcaina, Joel Butuyan, and Gilbert Andres — who act as external representatives for the victims in this case. Arcaina had been employed from 2019 to 2023 at Center Law, a legal organization focused on human rights, where Butuyan holds the position of managing partner and Andres serves as a senior partner. The defense contended that Arcaina’s function as case manager for the victims, coupled with another unspecified role mentioned in their filing, was “structurally incompatible.” Moreover, the defense asserted that the team of common legal representatives might acquire access to pieces of evidence, including potentially exculpatory material, outside the disclosure framework of the ICC, thus creating a conflict of interest. However, the chamber noted that Article 12 of the ICC’s Code of Professional Conduct applies solely to counsel or their “associates.” The chamber ruled that Arcaina, in her capacity as case manager rather than as counsel, does not fall within the purview of that provision. The chamber further concluded that the defense failed to demonstrate any impediment to the representation of Butuyan and Andres under Article 12. Thousands killed Official Philippine government statistics indicate that Duterte’s anti-drug campaign, known as Oplan Tokhang, resulted in the deaths of at least 6,000 individuals during police operations. However, domestic and international human rights organizations estimate that the actual death toll may be as high as 30,000, including victims of vigilante-style killings. The ICC’s investigation encompasses alleged extrajudicial killings that purportedly occurred from November 2011, while Duterte was serving as mayor of Davao City, until March 2019, before the Philippines’ formal withdrawal from the Rome Statute, the treaty that established the court. With the latest ruling from the chamber, the victims’ legal representatives will continue their participation in the pre-trial proceedings, which will assess whether sufficient evidence exists to advance to a full trial. Accountability not optional Also over the weekend, the Nagkaisa Labor Coalition on Saturday welcomed the developments in the proceedings against Duterte at the ICC. In a statement, the labor group said that accountability “is a legal and moral duty shared not only by the Philippines but by all nations.” “Crimes against humanity violate the highest norms of international law — what lawyers call jus cogens — and create obligations owed to all humanity, or erga omnes,” Nagkaisa chairman Sonny Matula stated.