In new ICC request, prosecutors cite 'orders from above,' reward in Duterte case

ICC Senior Trial Lawyer Julian Nicholls looks on during a preliminary hearing of former President Rodrigo Duterte at the International Criminal Court (ICC) in The Hague on September 16, 2026, during a preparatory session as he faces charges over his “war on drugs,” which killed thousands.

Piroschka Van de Wouw, pool via AFP

MANILA, Philippines — International Criminal Court (ICC) prosecutors are seeking to present testimony describing alleged orders "from above," planning and payments tied to killings in their crimes against humanity case against former president Rodrigo Duterte.

In a redacted filing released Friday, October 23, the ICC Office of the Prosecutor asked Trial Chamber III to admit the previously recorded testimonies of three witnesses identified only as P-1155, P-1156 and P-1157.

Prosecutors said the witnesses could provide evidence under Count 3 of the case, which covers murder and attempted murder allegations, including Duterte's alleged knowledge and intent.

They could also point to the existence of a policy to "neutralize" suspected criminals through violence, prosecutors argued.

Witness P-1155's account covers alleged orders "from above," instructions given to police officers and a reward linked to one of the incidents under examination, according to the prosecution.

The testimony of P-1156, meanwhile, concerns alleged orders, planning, preparations and payment related to the killings.

The third witness, P-1157, is expected to provide evidence concerning a killing and a planned police operation against the targets.

An earlier prosecution filing, made public on October 21, also sought the admission of recorded testimonies from three other witnesses, identified as P-0008, P-1164 and P-1303. Prosecutors said their accounts could help establish a pattern of police killings.

Recorded testimony

The prosecution argued that the three accounts were consistent and corroborated one another.

The testimonies, moreover, would establish the alleged policy of targeting suspected criminals through violent acts, including murder, it said.

The previously recorded accounts were requested to be admitted under Rule 68(3) of the ICC Rules of Procedure and Evidence, a procedure that allows qualifying prior testimony to be introduced at trial.

The prosecution maintained that admitting the previous statements would help shorten the proceedings without prejudicing Duterte's right to challenge the evidence against him.

Expert report

In a separate filing released October 23, prosecutors also sought the admission of an expert report and 15 associated items from a witness identified as P-1400.

The expert's field and much of the report's contents were redacted. Prosecutors proposed shortening the witness's direct examination from five hours to two hours while allowing further questioning in court.

The ICC has scheduled another status conference for November 2 to address outstanding preparations ahead of the trial.

The ICC's Trial Chamber III, presided over by Judge Joanna Korner, is expected to rule on the latest requests.

Trial opening. Duterte's trial is set to open on November 30 over crimes against humanity charges involving killings during his presidency and his tenure as Davao City mayor.