Duterte camp asks ICC to order prosecutors to refile charges

September 2, 2026

By ABOGADO.COM.PH Staff

Former President Rodrigo Duterte’s defense team has asked the International Criminal Court (ICC) Trial Chamber III to order prosecutors to refile the charges against him, saying that the charge fails to adequately inform him of the nature of case against him.

In a motion dated Aug. 31, lead defense counsel Peter Haynes said the prosecution’s Document Containing the Charges (DCC) violates Duterte’s right under Article 67(1)(a) of the Rome Statute to be informed in detail of the nature, cause and content of the charges.

The defense argued that, unlike previous ICC cases, the DCC does not present a clearly defined set of facts for each count but instead relies on “illustrative non-exhaustive incidents” grouped under different headings.

The Duterte camp asked the Trial Chamber to require prosecutors to submit a new document containing clearly defined counts and an exhaustive list of the acts underlying the charges.

Duterte is facing several counts of crimes against humanity linked to his administration’s anti-drug campaign.

The defense motion comes after the ICC Pre-Trial Chamber confirmed all three charges in April, which paved the way for trial proceedings set to begin in November.