MANILA — Lawyers of former president Rodrigo Duterte have asked the International Criminal Court (ICC) to allow them to include 108 additional pieces of evidence ahead of next week’s confirmation of charges hearing.

In a six-page filing dated February 18, Duterte’s legal counsel Nicholas Kaufman said the proposed evidence is “highly relevant to the charges and necessary for any meaningful submissions” by the defense during the proceedings.

“The present request is supported by good cause, and the Prosecution has confirmed to the Defence, this afternoon, in inter partes communications that the addition of these Items to the Defence List of Evidence causes it no prejudice,” the defense panel said in its “Defence Second Request for Leave to Add Items to its List of Evidence” filed before the ICC Pre-Trial Chamber I.

The defense explained that six of the 108 items were “disclosed since 5 February 2025,” and were received only after they had submitted an earlier request to add 78 items to their evidence list.

“The remainder of the Additional Items are items previously disclosed or transcripts thereof – identified, stamped and disclosed by the Defence – but which are now essential to the Defence as a result of the assimilation of the other six (6) Additional Items,” they said.

Duterte’s lawyers maintained that adding the new materials would not result in unfair prejudice.

“Firstly, with the exception of three (3) items, the Additional Items are all Prosecution evidence or transcripts of audio-video material disclosed by the Prosecution,” they said, noting that the number of items is “modest.”

“They are mostly transcripts and translations of transcripts of audio-video material. As such, the substantive volume of evidence sought to be added can be reduced by half,” the pleading added.

The defense further argued that the prosecution is the “master of its own evidence and is presumed to be aware of its relevance or lack thereof to the charges.”

“Most importantly, in light of the Prosecution’s confirmation that it does not oppose the addition of these Items, their inclusion would occasion no prejudice to the Prosecution, whereas their non-addition would cause significant prejudice to Mr. Duterte,” they said.

Separately, Duterte has requested to be excused from personally attending the February 23 to 27 confirmation of charges hearing, reiterating his counsel’s claims that he is “old and frail” and may “forget within minutes” details of the proceedings.

Rep. Leila de Lima (ML Party-list), however, said a waiver and declaration signed by Duterte contradict that claim. She said the document shows he remains capable of instructing his legal team and is of “sound mind.”

“Its legal effect is based on the premise that he understood the statement so as to affix his signature to it. It is evidence against Kaufman’s own argument that Duterte is not fit to stand trial because he is supposedly unable to give instructions for his defense,” De Lima said in a statement on Thursday, February 19.

“The statement is clear evidence that Duterte is able to defend himself,” she added.

The letter signed by Duterte and submitted to Kaufman was made public on February 18. In it, he waived his right to attend the hearings and reiterated his position that the ICC has no jurisdiction over incidents that took place during his presidency.

Duterte also claimed he had been “kidnapped,” echoing statements made by his family and supporters following his arrest in March 2025.

His request for interim release was earlier denied by the ICC Pre-Trial Chamber I and Appeals Chamber, which cited concerns that he could be a flight risk, including statements by supporters characterizing his arrest as “kidnapping” and resisting efforts to take him into custody.

De Lima described Duterte’s recent statement as an attempt to generate public sympathy, calling it propaganda when he suggested he might die in detention. She also said the move could be a legal strategy aimed at avoiding potential damage from unpredictable behavior during formal proceedings, citing his past appearances in congressional hearings on the drug war and alleged extrajudicial killings.

“Kaufman’s preemptive damage control because his client is unpredictable even in formal proceedings like in the Senate and House hearings. This is more for the benefit of Kaufman than an authentic show of defiance,” De Lima said.

She also expressed doubt that Duterte personally crafted the statement.

“Duterte would have boasted that he implemented the drug war to save his country, rather than deny that any state-sponsored mass execution ever happened,” she said. “Duterte never denied the substance of his drug war. He always boasted about killing and ordering the killing of drug war victims.”

De Lima also cited Duterte’s previous remarks, including statements during House Quad Comm hearings in November 2024, where he admitted providing additional funds and incentives to police officers involved in anti-illegal drug operations, describing them as a “reward.” He had also previously said he would “take full responsibility” for the actions of police, claiming he “gave the order.”

In 2018, Duterte stated that his “only sin is the extrajudicial killings.”

“For him to say now that he did not order killings is an act of outright contempt for all Filipinos who lived through the nightmare of his drug war,” De Lima said.

The confirmation of charges hearing, set to begin on February 23, will determine whether the case against Duterte will proceed to trial. The ICC prosecution has charged him with three counts of crimes against humanity of murder, covering at least 76 killings and other violent acts allegedly committed from 2013 to 2018.