Former president Rodrigo Duterte’s legal team has asked the International Criminal Court (ICC) to admit 78 additional pieces of evidence to its case file just two weeks before a crucial hearing that will determine whether crimes against humanity charges against him will proceed to trial.

In a seven-page request filed before Pre-Trial Chamber I on 6 February, defense lead counsel Nicholas Kaufman described the materials as “highly relevant to the charges” and “essential to the conduct of Mr. Duterte’s defense.”

Kaufman said the prosecution has already reviewed the proposed items and confirmed it does not object to their inclusion.

“The Prosecution has reviewed the Items and confirmed to the Defense in inter partes (between parties) communications that it does not object to their admission,” he said.

Pre-Trial Chamber I, presided over by Judge Iulia Antoanella Motoc, will now rule on whether the additional 78 items — listed in a confidential annex — will be admitted before the February 23 proceedings begin.

The move follows a wave of disclosures from ICC prosecutors, who turned over 1,242 items to the defense between September 2025 — when the confirmation hearing was first postponed — and 5 February 2026. 

Many of those materials were tagged as potentially exculpatory or relevant to Duterte’s case preparation.

According to the defense, 24 of the 78 new items were disclosed only in November and December 2025, after Duterte had already submitted his initial evidence list. The rest, while already in their possession, gained “renewed importance” after reviewing the prosecution’s latest documents.

Under ICC rules, both sides may inspect and submit documents, photographs, and other tangible objects intended for use as evidence, provided lists are filed at least 15 days before the hearing. 

Kaufman said the defense complied with Rule 121(6), noting that the request was lodged exactly 15 days before proceedings began on 23 February.

He argued the addition would not prejudice prosecutors.

Kaufman said “the number of Additional Items is modest,” stressing that the prosecution is “the master of its own evidence” and has raised no objections.

“Finally, and most importantly, in light of the Prosecution’s confirmation that it does not oppose the addition of these Items, their inclusion would occasion no prejudice to the Prosecution, whereas their non-admission would cause significant prejudice to Mr Duterte,” he added.