International Criminal Court, The Hague. Photo: Choinowski / Wikimedia Commons (CC BY-SA 4.0)
The International Criminal Court prosecution has formally removed one alleged drug war killing from its case against former President Rodrigo Duterte, after the judges ruled it fell outside the period the prosecutors themselves set for the charge. The updated trial brief, filed October 16 and made public on October 20 and 21, 2026, comes less than six weeks before Duterte’s trial opens in The Hague on November 30.
The change is small in numbers but it matters for the defense: it is the first time Trial Chamber III has told the prosecution it cannot stretch the confirmed charges to fit new allegations. For the full background, see our Duterte ICC case timeline.
What exactly did the ICC prosecution remove?
The removed item is listed as “Incident 57,” the alleged killing of a suspected drug figure described as a “high-value target.” According to Philstar (October 21, 2026), prosecutors filed it under Count 2, which covers alleged murders of high-value targets during Duterte’s first year as president, from July 2016 to July 2017.
In an October 9 ruling, the judges said the incident matched the type and locations of crimes in Count 2 but happened outside that window. Philstar reported that records show it took place about two weeks after the covered period. The chamber said the prosecution could not widen a time frame it had defined itself.
The three-page filing, signed by Acting Prosecutor Mame Mandiaye Niang and published on the ICC website, states: “the Prosecution has removed all references to Incident 57 in the Trial Brief and replaced them with ‘[DELETED]’ in order to retain cross-references.”
How many incidents are left in the case?
The judges admitted the other seven new incidents the prosecution wanted to add, bringing the total to 56, up from 49 when the charges were confirmed in April, Philstar reported. Those original 49 incidents cover 76 alleged murders and two alleged attempted murders. The court has not said publicly how many victims the seven added incidents involve.
According to the Philippine Daily Inquirer (October 22, 2026), most of the seven added incidents went under the third count, which concerns killings allegedly committed during barangay clearance operations in Metro Manila.
Why did prosecutors keep their witness and evidence lists?
This is the part the defense is likely to watch. The October 9 ruling had also ordered the witness and evidence lists updated, but the prosecution left both unchanged. Its filing says the material tied to Incident 57, “combined with other evidence relating to Incident 57, is relevant to [REDACTED], the contextual elements of crimes against humanity, and Mr Duterte’s individual criminal responsibility.” Much of the explanation is blacked out in the public version.
In other words, a killing the judges removed from the charges may still be used as background evidence. Critics of the case have long argued that the prosecution keeps widening its scope. We covered an earlier fight over that in the defense’s bid to cap prosecution evidence at 10,000 items.
When does Duterte’s trial start, and what time is it in the Philippines?
The trial opens on November 30, 2026. Duterte, whose mental and physical fitness was cleared by court-appointed doctors, is expected to attend in person, the Inquirer reported. Citing the ICC Outreach Unit, the paper said each trial day will have four one-hour sessions, which in Philippine time fall at roughly:
- 4:00 p.m. to 5:00 p.m.
- 5:30 p.m. to 6:30 p.m.
- 7:30 p.m. to 8:30 p.m.
- 9:00 p.m. to 10:00 p.m.
The prosecution gets six hours for its opening statement and the lawyers for the victims get three hours. The defense may give its own opening statement. After that, the chamber begins hearing the first prosecution witness.
Why does this matter for the Duterte camp?
Duterte’s supporters have questioned the ICC’s jurisdiction since the Philippines left the Rome Statute in 2019, an argument we explain in The ICC and Duterte: jurisdiction, evidence and what happens next. The October 9 ruling does not settle that question, but it shows the judges are willing to hold the prosecution to the limits of the confirmed charges. That is a point the defense can lean on as the trial moves forward.
The number of people killed in the drug war is still disputed. Government records put it at more than 6,000, while human rights groups claim over 30,000, the Inquirer reported. The charges against Duterte remain allegations until the court rules.
Back home, the Duterte family is also watching the Senate. Follow Vice President Sara Duterte’s case in our Sara Duterte impeachment trial live hub and the latest OCTA survey on acquittal versus conviction.
FAQ
Was a charge against Duterte dropped?
No. One incident was removed from Count 2. All three counts of crimes against humanity remain.
Who ordered the removal?
ICC Trial Chamber III, in an October 9, 2026 ruling. The prosecution complied in its October 16 filing.
How many incidents are now in the case?
56, after seven new incidents were admitted and one was rejected, according to Philstar.
Will Duterte appear in court?
He is expected to attend in person when the trial opens on November 30, the Inquirer reported.
Sources: ICC Office of the Prosecutor filing ICC-01/21-01/25, dated October 20, 2026; Philstar, October 21 and 22, 2026; Philippine Daily Inquirer, October 21 and 22, 2026. Photo: International Criminal Court, The Hague, by Choinowski via Wikimedia Commons (CC BY-SA 4.0).
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