ICC Partly Grants Prosecutors' Request for Access to Duterte's Arrest Items

The International Criminal Court (ICC) has partly granted the request of prosecutors for "materials in the custody of the registry" in relation to the case of former Philippine President Rodrigo Duterte. The Chamber found reasonable grounds to believe that the examination of these materials would produce evidence necessary for the investigation, deeming such examination necessary and proportionate to the legitimate investigative needs. In a redacted version of the decision, the ICC stated it granted access to two specific items requested by the prosecutors. However, the court rejected the prosecutors' request for access to the keys obtained by the Registry upon Duterte's arrest and transfer. The Chamber noted that the Prosecution "merely submits that the Keys ‘[REDACTED]’, and does not specify to what items the Keys relate to, nor how such items may provide evidence that are necessary for the investigation." Furthermore, the Chamber considered the Defense's arguments that the Keys were "seized while he was travelling with members of his family," and it is "entirely possible that the keys provide access to material belonging to, or concerning, his relatives, such that their examination would intrude upon the privacy rights of third parties." In light of these circumstances, the Chamber found that the requested access to the Keys is neither necessary nor proportionate and should therefore be rejected. Judges of the ICC Trial Chamber III previously issued directions governing the conduct of trial proceedings in the crimes against humanity case against Duterte. The trial is set to begin on November 30, 2026, with the reading of charges at the start. Before this, the prosecution must submit a detailed trial brief, a list of witnesses, and all items intended as evidence by August 31. The Common Legal Representatives of Victims (CLRV) may also file a trial brief by September 28. Duterte's lawyers have until October 30 to inform the court which key facts or legal arguments presented by prosecutors are being challenged, providing the basis for objections and the general nature of his defense. The trial will be organized into three stages. Duterte has been in ICC custody since March 2025 in connection with charges over killings during his tenure as Davao City mayor and during the war on drugs under his presidency.