ICC Duterte Files: Heavy Redactions Shield Witnesses, Spark Defense Criticism
The International Criminal Court's case files against former President Rodrigo Duterte reveal a delicate balance between transparency and witness protection, with extensive redactions drawing sharp criticism from defense lawyers who claim the charges have become "unintelligible."
A comprehensive review of ICC documents from March 2025 to February 2026 by GMA Integrated News shows that virtually all evidence remains sealed from public view, highlighting the complex security concerns surrounding this high-profile case.
Massive Evidence Cache Under Wraps
The prosecution has disclosed over 5,145 pieces of evidence to the defense through confidential packages, including 1,303 items between July and December 2025 alone. This classified material, marked as "INCRIM" or incriminating evidence, remains completely hidden from public scrutiny.
Even the Document Containing the Charges, released in a "Public Lesser Redacted Version" on February 13, 2026, shows only dates and locations of alleged killings while concealing crucial details. The defense has complained that 49 incidents described in the redacted document are impossible for the public to understand.
Witness Protection Takes Priority
The Pre-Trial Chamber defended the extensive redactions on February 20, stating they contain "sufficient information" for public understanding while protecting witnesses and victims. The court emphasized that public trial rights cannot override the duty to safeguard those involved in proceedings.
The 227 victim applications submitted in February 2026 remain entirely confidential, with identities known only to court registry officials and victim representatives.
Security Concerns Drive Secrecy
Prosecutors argue the threat level is immediate and systemic, noting Duterte's extensive network of supporters in Philippine security forces, "many of whom are armed and trained in the use of weapons." They successfully convinced the court that revealing witness identities would create "objective risk to their safety."
Victim representatives echo these concerns, reporting that participants already face stigmatization threats and express deep fears about family safety and potential neighborhood violence.
Defense Pushes Back
Defense lawyers counter that excessive redactions make their job impossible, forcing proceedings behind closed doors and creating what they call "bureaucratic red tape." They argue the lack of clarity could lead to appeals court interventions if not addressed.
The court justifies its approach by citing Duterte's history of interference, including his "propensity to interfere with investigations" and evidence that his associates previously instructed witnesses to remain "loyal" during Senate inquiries into the Davao Death Squad.
This unprecedented level of secrecy in an ICC case reflects the unique challenges of prosecuting a former head of state with significant domestic influence and a documented history of retaliation against opponents.