ICC sets Rodrigo Duterte trial rules ahead of November 30 opening

MANILA, Philippines — The International Criminal Court (ICC) has laid out the rules that will govern the trial of former president Rodrigo Duterte over alleged crimes against humanity of murder, months after setting November 30 as the opening date of the proceedings.

In its June 19 “Directions on the Conduct of Proceedings,” ICC Trial Chamber III outlined how the trial will proceed, including the presentation of evidence, opening statements, witness testimonies and other procedures in Duterte's case.

The ICC said the charges against Duterte will be read “at the commencement of the trial, on 30 November 2026.”

Before the trial begins, the prosecution must submit by August 31 its detailed trial brief, a list of witnesses it intends to call and a list of evidence it plans to present.

The trial brief must contain “the principal facts of the Prosecution case,” the witnesses who will testify on those facts, relevant exhibits and the legal arguments the prosecution will rely on.

The prosecution earlier told the chamber that it expects to present around 60 to 70 witnesses, including about 31 insider witnesses.

The Common Legal Representatives of Victims (CLRV) may also file a trial brief by September 28.

Defense given until October to outline arguments

Duterte’s defense team has until October 30 to identify the main factual and legal issues it disputes with the prosecution and state the general nature of its defense.

The ICC clarified that the defense may still raise additional issues later in the proceedings.

“The Chamber reiterates that this filing does not preclude the Defence from raising further issues at a later stage if these become evident in the course of the trial or the Defence’s investigations,” the court said.

During the trial, the prosecution will deliver the first opening statement, followed by the victims’ representatives and the defense.

The prosecution has been given six hours for its opening statement, while the CLRV will have three hours. The ICC said it will decide later on the duration of the defense’s opening statement.

ICC sets rules on evidence, witnesses

The trial will proceed in three stages: the prosecution’s presentation of evidence, the victims’ representatives’ presentation of evidence if allowed and the defense’s presentation of evidence.

The ICC said documentary, digital and physical evidence will generally be admitted for consideration without an immediate ruling on admissibility.

"During its deliberations, the Chamber will consider all the standard evidentiary criteria for each item of evidence submitted, though it may not necessarily discuss in the judgment every submitted item,” it said.

For witness testimonies, the party calling the witness will question them first, followed by the CLRV, if any, and then the opposing party.

The defense will have the opportunity to question a witness last when necessary.

The court said the opposing party may ask questions involving a witness’ credibility, the reliability of evidence and circumstances that may affect the case, but these must remain relevant to the proceedings.

The ICC also said that victims’ representatives have a different role from the prosecution, which carries the burden of proving the alleged crimes.

Questions from victims’ representatives should focus on the interests of victims, including the harm they suffered and possible reparations, the court said.

Witness protection measures outlined

The prosecution was also directed to submit applications for protective measures for witnesses no later than October 30.

"Insofar as possible, witness testimony shall be given in public. If in-court protective measures are in place for a witness, parties and participants shall at all times be cautious and ensure that questions asked during public sessions do not compromise these measures," the ICC said.

"Requests for private and/or closed sessions shall be made in a neutral and objective way, if possible, referring to the topics that will be covered," it added.

The court also adopted protocols covering witness preparation, vulnerable witnesses, redactions and the use of its electronic court system.

Duterte’s fitness to stand trial still to be determined

During the May 27 status conference, Presiding Judge Joanna Korner urged both sides to keep the proceedings focused and avoid unnecessary repetition of evidence.

The judge also encouraged the use of previously recorded testimony under Rule 68 of the ICC’s rules, which allows certain statements and recordings to be used instead of requiring all witnesses to testify in person.

She said the trial would run daily until the court’s judicial recess, although the final schedule would depend on a new medical assessment to determine whether Duterte is fit to stand trial.

Duterte did not attend the May 27 status conference after waiving his right to appear.

He is now represented by a new defense team led by British lawyer Peter Haynes as lead counsel, with Kate Gibson as associate counsel.

Duterte has been in ICC custody since March 2025 over allegations linked to killings during his term as Davao City mayor and his administration’s war on drugs.

ICC trial judges have recently ordered a panel of medical experts to reassess the 81-year-old former president to determine whether he is fit to stand trial.

The next status conferences were scheduled for June 23 and July 14.