Former President Rodrigo Duterte’s legal team will not present an alibi or call witnesses during the upcoming confirmation of charges hearing before the International Criminal Court (ICC) in September.
In a redacted public filing dated July 24, 2025, defense counsel Nicholas Kaufman informed the ICC’s Pre-Trial Chamber I that the Defense would not invoke any grounds to exclude Duterte’s criminal responsibility under Article 31 of the Rome Statute.
“There is no alibi to present to the Pre-Trial Chamber,” the document stated. “Furthermore, there is no ground that will be raised for the exclusion of criminal responsibility pursuant to Article 31 of the Rome Statute.”
The hearing, scheduled for September 23, will determine whether the case against Duterte—arrested in March—will proceed to trial over alleged crimes against humanity tied to his administration’s controversial war on drugs.
Kaufman also said the Defense would not call any witnesses, explaining that the credibility of witnesses carries little weight at this stage of the proceedings.
“The Defence will not call witnesses to testify at the confirmation hearing. This is a principled decision because credibility is given little weight at confirmation,” the submission read.
The filing also noted that disclosing witnesses prematurely would allow the Prosecution to adjust its strategy.
“The Defence does not wish to give advance notice of the many potential Defence witnesses who would counter the evidence provided by the Prosecution’s discrete and carefully selected band of witnesses – to be counted on the fingers of one hand,” it added.
In addition, the Defense will not submit any written testimonial evidence during the confirmation hearing for the same reason. (Argyll Geducos)
