THE HAGUE, Netherlands — The legal battle surrounding former Philippine President Rodrigo Duterte’s case before the International Criminal Court (ICC) has taken another significant turn, with both prosecutors and lawyers representing alleged victims opposing his defense team’s attempt to have the charges against him reframed.
The ICC Office of the Prosecutor and the victims’ legal representatives filed separate responses opposing Duterte’s Rule 134(1) motion on the form of the charges, according to records published by the International Criminal Court on September 10. The filings come after Duterte’s defense argued that the current charging document was too vague and should be struck out and replaced with a more specific version.
ABS-CBN News reported on September 12 that both the prosecution and victims’ counsel rejected Duterte’s latest legal challenge, setting the stage for another major procedural fight in the former president’s ICC case.
Duterte Defense Wants Charges Reframed
Duterte’s defense team filed its motion on August 31, arguing that the prosecution’s Document Containing the Charges (DCC) does not sufficiently define the case the former president is required to answer.
Defense lawyers have asked the ICC chamber to order prosecutors to submit a revised charging document structured around specific counts, clearly defined crimes under the Rome Statute and an exhaustive list of the underlying acts.
According to the defense, the current document relies on what it described as illustrative and non-exhaustive incidents grouped under broader thematic headings. Duterte’s lawyers argue that this approach makes it difficult for him to determine precisely what allegations he must defend against.
The defense has maintained that Duterte’s right to be informed in detail about the nature and content of the accusations against him could be affected if the charges are not presented with greater specificity.
Prosecutors and Victims Push Back
But the prosecution and the victims’ representatives have now formally opposed Duterte’s motion.
ICC records list both the “Prosecution Response to Defence Rule 134(1) Motion on the Form of the Charges” and the “Victims’ Response to the Defence Rule 134(1) Motion on the Form of the Charges” as having been filed on September 10.
The development means the ICC chamber will have to consider competing arguments over how the charges should be framed — a procedural dispute that could have important consequences for how the case moves forward.
What Charges Does Duterte Face?
Duterte faces allegations of crimes against humanity, including murder and attempted murder, in connection with killings allegedly linked to his anti-drug campaign and earlier events in Davao.
Previous reports on the defense motion said the prosecution’s allegations were grouped into three broad sets of incidents, including alleged killings in Davao, killings involving so-called high-value targets and incidents connected to anti-drug operations.
Duterte’s defense has consistently challenged the ICC’s case and argued that the former president must be given greater clarity regarding the specific allegations against him.
Another Major Legal Fight Before the ICC
The dispute over the form of the charges comes amid continuing legal battles over the evidence and procedure in Duterte’s ICC case.
Earlier this month, Duterte’s defense also sought changes concerning the handling of crowdsourced and user-generated evidence, while ICC prosecutors opposed imposing an expert-verification requirement sought by the defense.
Meanwhile, prosecutors have continued to advance evidence in the case, including an application involving previously recorded witness testimony that ABS-CBN News reported could directly link Duterte to the alleged Davao Death Squad.
These parallel legal disputes underscore the increasingly complex nature of the proceedings, where the ICC chamber must deal not only with the underlying allegations but also with major questions involving evidence, procedure and the precise scope of the charges.
What Happens Next?
The ICC will now have to assess Duterte’s defense arguments alongside the formal objections submitted by the prosecution and the victims’ legal representatives.
A ruling on the motion could determine whether prosecutors will be required to revise the charging document or whether the case will proceed under its current framework.
For Duterte, the outcome could be crucial. His legal team has argued that greater specificity is necessary to ensure a fair defense. Prosecutors and victims’ representatives, however, have opposed the request.
The next decision by the ICC could therefore become a key moment in determining not only how Duterte’s defense prepares for the case, but also how the legal proceedings themselves move forward.
As the former Philippine president’s ICC case continues to generate intense legal and political attention, one question now looms large:
Will the ICC force prosecutors to rewrite the charges — or will Duterte be required to fight the case under the framework already presented?
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