OFFICE of the Prosecutor

A PRESIDING judge of the International Criminal Court (ICC) Trial Chamber III raised concerns over the massive volume of public speeches that prosecutors intend to leverage as evidence against former President Rodrigo Duterte, calling the figure seemingly excessive.

During the historic first status conference for Duterte’s crimes against humanity case, Presiding Judge Joanna Korner openly questioned the strategy of the Office of the Prosecutor (OTP), which has lined up nearly 200 of the former leader’s public addresses.

“197 speeches seem to be, on the face of it, too much, particularly if they would say the same thing. I think you need to consider very carefully whether you need it at all,” Judge Korner told the prosecution team.

Korner emphasized that the three-judge panel aims to streamline the proceedings, stressing the importance of avoiding dense presentations of cumulative or redundant evidence that lacks direct relevance to the specific core charges facing the former president.

Duterte, known for his lengthy and often controversial televised public addresses during his administration’s deadly anti-drug campaign, frequently spoke about his security directives in front of police, military, and local government units.

The prosecution has long viewed these speeches as critical documentation of state policy.

Responding to the court’s gentle reprimand, ICC Senior Trial Lawyer Julian Nicholls reassured the Chamber that the prosecution has no intention of dragging out the trial phase by presenting every single piece of audio-visual material on record.

Nicholls clarified that the prosecution team will be selective and will not showcase all 197 speeches when the actual trial officially begins.

THE OFFICE of the Prosecutor and the Office of Public Counsel for Victims have jointly requested the Appeals Chamber of the International Criminal Court (ICC) to reject the appeal filed by former President Rodrigo Duterte concerning the court’s jurisdiction over him.

The request was formally filed as the Prosecution Response to “Appeal Brief on Jurisdiction” on Dec. 8, 2025, before the ICC Appeals Chamber.

The document, which addresses the “Situation in the Republic of the Philippines in the case of The Prosecutor v. Rodrigo Roa Duterte,” asks the Appeals Chamber to uphold the earlier decision that affirmed the ICC’s jurisdiction.

The prosecution argued before the Chamber that the interpretation of Articles 12(2) and 13(c) of the Rome Statute—which deal with the Court’s jurisdiction—was correct.

The OTP maintained its position that the key factors for determining jurisdiction should not be viewed in isolation, but rather through a broader understanding of the Statute’s purpose, including:

The object and purpose of the Statute.
The majority of the Court’s prior caselaw.
The context provided by Articles 11(2), 12(1), and 29 of the Statute.

The Prosecution proposed that the Appeals Chamber invite all relevant parties to make further concise submissions on these matters if deemed necessary, under regulation 28.

Appeals Chamber composition

The Appeals Chamber hearing the response was presided over by Judge Luz del Carmen Ibáñez Carranza, and includes Judge Tomoko Akane, Judge Solomon Balungi Bossa, Judge Gocha Lordkipanidze, and Judge Erdenebalsuren Damdin.

The document serves as the formal rebuttal by the Prosecution to the former President’s legal challenge against the Court’s authority to proceed with the investigation.

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‘Too Much’: ICC trial judge questions prosecutor’s plan to use 197 Duterte speeches as evidence

ICC prosecutor, victims’ counsel urge appeals chamber to reject Duterte’s jurisdiction appeal