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Crime & Justice

ICC Trial Chamber denies Duterte defense request to limit evidence file

The ICC's Trial Chamber III rejected former President Rodrigo Duterte's lawyers' bid to force the prosecution to create a new, capped evidence file of about 10,000 documents.

During the fourth status conference, the ICC’s Trial Chamber III, led by Judge Joanna Korner, refused the defense’s motion to have the prosecution open a new case file limited to roughly 10,000 documents. Korner explained that such an order could cause the prosecution to miss its disclosure obligations. Peter Haynes, representing former President Rodrigo Duterte, complained about the volume of evidence, whereas Prosecutor Julian Nicholls accused the defense of rejecting all attempts to streamline the list.

The chamber advised the prosecution to identify clearly any exculpatory documents and urged the defense to supply search terms for a targeted database search. Nicholls also floated the idea of appointing a mutually agreed one outlet expert and of stipulating on death counts in police operation records, without affecting challenges to evidence admissibility.

Why it matters

The decision shapes how the ICC will manage massive evidence files in high-profile cases like Duterte's.

How this story developed

  1. Oct 9 Dutch government braces for US-backed sanctions targeting the International Criminal Court
  2. Oct 9 The White House scheduled to announce the sanctions on Friday.
  3. Oct 10 ICC president Tomoko Akane issued a video urging member states to defend the court.
  4. Oct 10 EU urged the United States to reverse the sanctions
  5. Oct 12 A judge permitted the lawsuit challenging the ICC sanctions to move forward.

In this story

ICCRodrigo Duterteevidence disclosuretrial chamberjudicial workflow platformprosecutiondefense motionexculpatory documents
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