The defense team of former president Rodrigo Duterte has opposed the inclusion of two external studies in an expert report that the prosecution is seeking to present as evidence in his crimes against humanity case before the International Criminal Court (ICC).
In a public redacted filing dated November 6, 2026, Duterte's defense, through counsel Peter Haynes, submitted its response to the prosecution's fourth application under Rule 68(3) of the ICC Rules of Procedure and Evidence.
The filing, docketed as ICC-01/21-01/25-541-Red, concerns the prosecution's request to introduce the expert report of witness P-1400 and its associated materials.
The defense clarified that it does not object in principle to the admission of P-1400's expert report under Rule 68(3). However, it questioned the prosecution's attempt to include two external studies cited in the report, arguing that the expert had not meaningfully used or explained these materials in presenting the findings.
According to the defense, the two studies are not integral to the expert report and merely reproduce information already contained in the witness's findings.
“Their introduction would be redundant, and would burden the Chamber with evidence of negligible relevance, contrary to its express directions,” the defense stated in its filing.
The defense further argued that one of the studies contained only limited discussion of its broader findings, while the other provided contextual information that was not part of P-1400's own inquiry.
It also questioned the prosecution's attempt to introduce materials prepared by other professionals who were not included in its witness list through the expert report.
In its response, the defense asked Trial Chamber III to dismiss the prosecution's application concerning P-1400 or consider its objections alongside the pending issue involving the prosecution's request to introduce additional documents to its List of Evidence beyond the prescribed deadline.
The prosecution earlier filed its fourth application under Rule 68(3) on October 21, seeking to introduce P-1400's expert report and 15 associated materials. The application was publicly released on October 23, 2026.
Rule 68(3) provides a procedure for introducing prior recorded testimony and related evidence, subject to the conditions and safeguards set by the court.
The latest filing is a defense submission and does not constitute a ruling by the ICC.
Trial Chamber III has yet to resolve the defense's objections.
