The International Criminal Court (ICC) has ordered the removal of one alleged drug-related killing from the crimes against humanity case against former President Rodrigo Duterte, ruling that prosecutors cannot expand the charges beyond their previously established timeframe. In an updated trial brief filed on October 20, prosecutors formally excluded Incident 57, involving the alleged killing of a high-value drug target. The decision follows an October 9 ruling by Trial Chamber III, which determined that the incident occurred approximately two weeks outside the period covered by Count 2, spanning July 2016 to July 2017.
The ruling represents a procedural victory for Duterte’s defense, which had challenged the prosecution’s attempt to introduce eight additional incidents. However, the court permitted the remaining seven incidents, numbered 50 to 56, bringing the total included in the trial brief to 56. Prosecutors also retained their existing lists of witnesses and evidence, arguing that material associated with the excluded incident could still help establish the broader context of the alleged crimes and Duterte’s individual responsibility. Parts of that explanation remain redacted from the publicly available filing.
The exclusion does not amount to an acquittal or a finding that the alleged killing never happened. Rather, it reinforces the requirement that prosecutors remain within the boundaries of the charges already confirmed by the court, allowing the accused to prepare a defense against clearly defined allegations. With Duterte’s trial scheduled to begin on November 30, the prosecution must now proceed without Incident 57 as a separately included incident, while the former president continues to face three counts of crimes against humanity arising from alleged killings connected to his anti-drug campaign.