ICC sets trial guidelines for Duterte case ahead of November proceedings

Daemien Arkin Batacan

The International Criminal Court (ICC) has established the procedures that will govern the trial of former President Rodrigo Duterte, setting key deadlines and courtroom protocols months before proceedings officially begin on November 30.

In a document issued on June 19, ICC Trial Chamber III outlined the rules for presenting evidence, examining witnesses, and delivering arguments throughout the trial, which centers on allegations of crimes against humanity linked to Duterte’s anti-drug campaign.

According to the chamber, the charges against the former president will be read “at the commencement of the trial, on 30 November 2026.”

Before the opening of the proceedings, prosecutors are required to submit a comprehensive trial brief, witness list, and evidence inventory by August 31. The prosecution has previously indicated that it may call between 60 and 70 witnesses, including more than 30 insider witnesses, to support its case.

Victims participating in the proceedings through the Common Legal Representatives of Victims (CLRV) may also submit their own trial brief by September 28.

Duterte’s defense team has been directed to identify the major factual and legal issues it intends to challenge during trial by October 30. 

“The Chamber reiterates that this filing does not preclude the Defence from raising further issues at a later stage,” the court stated.

Documentary, digital, and physical evidence will be handled throughout the proceedings and may be received by the court without an immediate determination on admissibility which will allow judges to evaluate the material during deliberations.

“During its deliberations, the Chamber will consider all the standard evidentiary criteria for each item of evidence submitted,” the ICC said.

Under the adopted framework, the prosecution will present its evidence first, followed by victims’ representatives if authorized by the court, and lastly the defense. Witnesses will generally be questioned first by the party that called them before being examined by other participants in the proceedings.

Prosecutors were ordered to submit requests for protective measures to ensure witness safety no later than October 30. 

While emphasizing transparency, the chamber noted that witness testimonies should generally be heard in public unless confidentiality concerns require special arrangements.

“Insofar as possible, witness testimony shall be given in public,” the court said, adding that all parties must avoid compromising existing protection measures during hearings.

Following an earlier status conference, Presiding Judge Joanna Korner urged both parties to streamline their evidence and avoid repetition, while noting that previously recorded testimonies may be used under ICC rules to help make the proceedings more efficient.

The final schedule of the trial remains subject to the outcome of a new medical assessment ordered by the court to determine whether Duterte, now 81 years old, is fit to stand trial.

Duterte has been under ICC custody since March 2025 and is represented by a defense team led by British lawyer Peter Haynes. The former president faces allegations connected to killings committed during his tenure as Davao City mayor and during the nationwide anti-drug campaign implemented under his administration.

Additional status conferences are scheduled for June 23 and July 14 as preparations continue for the highly anticipated trial later this year.