The International Criminal Court case against former Philippine President Rodrigo Duterte may not be limited to his initial charge of crimes against humanity, according to an ICC-accredited lawyer.
Lawyer Gilbert Andres revealed on Wednesday that additional charges could be filed against Duterte once the ICC’s confirmation of charges hearing begins on September 23, 2025. He said prosecutors could modify the case based on new evidence, potentially adding separate criminal acts such as torture, arbitrary detention, or even rape.
“The confirmation of charges is the stage where prosecutors define the final charges against Duterte,” Andres explained. “It is possible that more crimes, including torture and arbitrary detention, could be added.”
Duterte, 80, was arrested in Manila on March 11 after returning from Hong Kong. He is currently in ICC custody and is accused of crimes against humanity for 43 extrajudicial killings linked to his violent anti-drug campaign and the Davao Death Squad.
Prosecution vs. Defense: The Battle for Evidence
Both the prosecution and Duterte’s legal team are racing to submit their evidence before the September 23 hearing.
- The ICC prosecution has already submitted 181 pieces of evidence and has until April 4 to add more.
- Duterte’s defense team has until April 11 to submit counter-evidence.
Duterte’s lead lawyer, Nicholas Kaufman, believes the charges could be dropped before trial if they prove the ICC has no jurisdiction over Duterte. His legal team insists that Duterte was “kidnapped” and that the case should be dismissed.
Despite this, the ICC maintains that it still has jurisdiction over crimes committed before the Philippines withdrew from the Rome Statute in March 2019. The country’s exit was ordered by Duterte himself after the ICC launched its preliminary investigation into his brutal drug war, which saw at least 6,000 official deaths—though human rights groups estimate the true number exceeds 30,000.
Will More Charges Be Filed? ICC Lawyers Weigh In
ICC spokesperson Dr. Fadi El Abdallah clarified that the 43 cases in the charges do not represent the total number of killings linked to Duterte. He said additional cases could be included if prosecutors present new evidence.
“These 43 cases were just a sample of incidents that justified issuing an arrest warrant,” El Abdallah said. “During the confirmation of charges hearing in September, the court will determine if the case should proceed to trial.”
Lawyers representing victims’ families also argued that 43 cases do not limit the number of potential charges. They emphasized that the ICC can add more based on evidence presented in the coming months.
Meanwhile, Vice President Sara Duterte has publicly questioned the charges, claiming the discrepancy between the official 43 victims and the estimated 30,000 deaths weakens the case. She demanded the prosecution provide full names of all alleged victims.
The ICC’s next move will depend on whether its judges decide the existing evidence is strong enough to proceed with a full trial. If new charges are added, Duterte’s legal troubles could worsen, making him the first ex-Asian head of state to face multiple crimes against humanity charges before the ICC.
Jaja has a degree in journalism and took classes in international law and business communication. Her career spans roles at prominent international media outlets, including International Business Times, Celebeat and Delightful Philippines. As a news editor, Jaja covered a wide range of beats, including legal, business, economy, cryptocurrency, personal finance, gaming, technology, and entertainment.