The International Criminal Court (ICC) has established the rules and timeline for the upcoming trial of former President Rodrigo Duterte, with the formal reading of charges scheduled for Nov. 30.
In a directive issued on June 19, Trial Chamber III outlined the procedures that will govern the proceedings, including filing deadlines, rules on evidence, witness examinations, and time allocations for opening statements.
Presiding Judge Joanna Korner, together with Judges Keebong Paek and Nicolas Guillou, said the measures are intended to ensure a fair and expeditious trial.
Under the court’s schedule, the Prosecution must submit its trial brief by Aug. 31. The filing must include the main facts of the case, a final witness list, summaries of expected testimony, and a complete list of evidence to be presented during the trial.
Duterte’s defense team has until Oct. 30 to file its response. The defense is expected to identify the factual and legal issues it disputes and outline the general nature of its case. The Chamber noted, however, that the defense may still raise additional issues as the proceedings move forward or as further investigations are conducted.
The judges also approved the prosecution’s request for six hours to deliver its opening statement. The Common Legal Representatives of Victims (CLRVs), who may submit a separate trial brief by September, were allotted three hours.
While the defense has yet to indicate how much time it will need for its opening statement, the Chamber stressed that all opening remarks must be delivered in a single presentation.
“An opening statement must be presented all at one time,” the judges wrote, adding that parties will not be allowed to reserve unused time and continue their statements later in the proceedings.
To promote transparency, the Chamber ordered that opening statements be conducted entirely in public session.
The judges also ruled that documentary, digital, and physical evidence may be formally submitted without an immediate decision on admissibility. Instead, the Chamber will later determine the relevance, probative value, and potential prejudice of each piece of evidence.
Witness examinations will begin with the party calling the witness, followed by the victims’ legal representatives and then the opposing party. The Chamber emphasized that the victims’ representatives have a distinct role from the prosecution and may only question witnesses on matters directly related to the victims’ personal interests, including harm suffered and potential reparations.
Duterte’s defense team will retain the right to conduct the final questioning of any witness. The judges also specified that any challenge to a witness’s credibility on a significant issue must be raised during questioning.
To safeguard sensitive information, the Chamber introduced a written procedure for unexpected redaction requests during hearings. Lawyers must submit requests within 12 minutes of the disclosure of sensitive information, while opposing parties will have four minutes to object. If no objection is filed, the redaction will automatically take effect.
The directive further states that witness testimony should be conducted in public whenever possible. Parties were instructed to exercise caution to avoid revealing protected information and to group sensitive questions together to reduce the need for private or closed sessions during the trial.
