Former President Rodrigo Duterte
Prosecutors were granted access to materials seized from former president Rodrigo Duterte upon his arrest by the International Criminal Court (ICC), but a request to examine all keys found among his belongings was denied, according to a decision released on 3 July 2026.
The ruling, issued by Trial Chamber III, composed of Presiding Judge Joanna Korner, Judge Keebong Paek, and Judge Nicolas Guillou, came in response to the Prosecution’s second request for materials in the Registry’s custody.
It approved access to two categories of redacted materials that were in Duterte’s possession at the time of his arrest, finding “reasonable grounds to believe that the examination of these materials would produce evidence that is necessary for the investigation.” The judges determined that such examination was “necessary and proportionate to legitimate investigative needs.”
However, the tribunal rejected the prosecution’s request for access to all keys held by the Registry, noting that prosecutors failed to specify what items the keys were related to or how they could provide relevant evidence.
The Chamber also considered the defense’s argument that the keys were “seized while he was travelling with members of his family,” making it “entirely possible that the keys provide access to material belonging to, or concerning, his relatives.” The judges found the requested access to the keys “neither necessary nor proportionate.”
In its decision, the Chamber ordered the Registry to transmit the approved redacted materials to the Prosecution by 24 June 2026.
Prosecutors must file any additional requests for access to Registry materials by 30 June 2026, a deadline imposed by the Chamber after noting the prosecution’s acknowledgment of delays in submitting the current request.
The ruling came as Trial Chamber III prepares for Duterte’s trial, scheduled to open on 30 November 2026.
Duterte faces three counts of crimes against humanity for murder and attempted murder stemming from his administration’s “war on drugs” campaign between 1 November 2011 and 16 March 2019.
All charges against Duterte were confirmed by the ICC on 23 April 2026, committing him to trial following a confirmation of charges hearing held from 23 to 27 February 2026.
The Appeals Chamber also upheld the Court’s jurisdiction over the case on 22 April 2026, rejecting the defense’s argument that the Philippines’ withdrawal from the Rome Statute in 2019 barred ICC proceedings.
The former president has been in ICC custody since his surrender on 12 March 2025, following his arrest in Manila under an ICC warrant.
Trial Chamber III previously denied his request for interim release on 22 May 2026, citing “a real and substantial risk that the accused could nonetheless abscond or obstruct justice.”