The International Criminal Court (ICC) Trial Chamber III has allowed prosecutors to introduce the prior recorded testimony of a key witness, designated only as "P-1100", as evidence in the crimes against humanity trial of former Philippine president Rodrigo Duterte. The 15-page public redacted decision, dated October 2, 2026, is the latest pre-trial ruling as Duterte's landmark trial — set to begin November 30, 2026 — draws closer.
What the ICC Ruled on the P-1100 Testimony
Presiding Judge Joanna Korner, alongside Judges Keebong Paek and Nicolas Guillou, granted the prosecution's application under Rule 68(3) of the ICC Rules of Procedure and Evidence, which permits a witness's prior recorded statement to be used alongside — not instead of — live testimony. The chamber said it was "satisfied that the substance of P-1100's evidence and the reports he produced appear relevant to the background and context in this case."
Prosecutors say P-1100's evidence goes to proof of an alleged policy to "neutralise" alleged criminals in the Philippines through violent crimes, including murder, and sheds light on the alleged modus operandi of the Davao Death Squad (DDS) and on Duterte's individual criminal responsibility, including his knowledge and intent. The chamber also admitted five reports authored by P-1100, while rejecting four additional documents the prosecution sought to attach, finding the witness had not sufficiently referenced them.
Defense Objections Rejected, Questioning Time Cut
Defense lead counsel Peter Haynes had asked the chamber to reject the application, arguing in a September 22 filing that P-1100's evidence is "neither sufficiently relevant nor probative" of the disputed facts and that the witness lacks personal knowledge — his knowledge largely predating the November 1, 2011 to March 16, 2019 period covered by the charges. The judges were unpersuaded, ruling that the defense will have full opportunity to cross-examine P-1100 and test the limits of what he can say from personal observation.
The ruling also curbed the prosecution: acting prosecutor Mame Mandiaye Niang had requested two hours for a supplementary examination — against an estimated seven for a full examination — but the chamber called two hours "excessive" and ordered questioning completed within one hour.
What Happens Next in the Duterte ICC Trial
The admission of the P-1100 statement is preliminary: it remains subject to the witness appearing before the chamber and consenting to the introduction of his written statement. The decision came ahead of the November 30, 2026 start of the trial on crimes against humanity charges, which the pre-trial chamber confirmed on April 23, 2026, and which the Appeals Chamber cleared by denying Duterte's jurisdiction challenge.
The case — the first ICC prosecution of a former head of state from the Asia-Pacific — continues to draw global attention, with the chamber giving both sides seven days each to file positions on handling the massive body of evidence before trial.
Sources: Malaya Business Insight, Balita.org, MediaBytes PH, BusinessWorld.