Lawyers for former president Rodrigo Duterte have asked the International Criminal Court (ICC) to allow them to add 78 items to their evidence list for the confirmation of charges hearing later this month, arguing the materials are necessary to challenge the prosecution’s case.

In a filing dated Feb. 5, the defense, led by counsel Nicholas Kaufman, sought leave from Pre-Trial Chamber I to supplement its List of Evidence under Article 61(6)(c) of the Rome Statute and Rule 121(6), saying the additional materials are directly relevant to issues to be addressed at the hearing.

The defense said the request followed the prosecution’s disclosure of 1,242 additional items after the original hearing schedule was postponed, many of which were identified as potentially exculpatory or relevant to trial preparation.

According to the filing, 24 of the proposed defense items were disclosed only after the original deadline for listing evidence, while the remainder became significant after reviewing the newly disclosed materials together.

Lawyers argued that adding the evidence is necessary to properly contest the prosecution’s allegations at the confirmation stage, where judges determine whether there are substantial grounds to believe the accused committed the crimes charged.

The defense maintained that the request does not seek to change procedural deadlines but simply to include materials that should be admissible unless doing so causes unfair prejudice.

They said no such prejudice exists because the motion was filed within the required timeframe ahead of the hearing, the number of items is limited, and the prosecution is already familiar with the materials.

The filing also noted that refusal to admit the evidence would unfairly prejudice Duterte’s ability to present his case, while approval would not disadvantage other parties.

The defense asked the Chamber to authorize inclusion of the 78 items listed in a confidential annex, describing them as necessary for effective participation in the confirmation proceedings.

The confirmation of charges hearing is scheduled to begin on Feb. 23, where judges will assess whether the case should proceed to trial.

Duterte is accused of crimes against humanity linked to his administration’s anti-drug campaign, allegations he has denied.

The confirmation hearing will determine whether prosecutors have presented sufficient evidence to establish substantial grounds to believe he committed the crimes charged, after which the case may proceed to trial if charges are confirmed.