JUDGES at the International Criminal Court (ICC) ordered the defense in the case against former president Rodrigo Duterte to submit a pre-trial document identifying which prosecution evidence it disputes, as the chamber moved to streamline proceedings and avoid delays.
During Wednesday's first case status conference, Trial Chamber III Presiding Judge Joanna Korner said the order was intended to support the “fair and expeditious conduct” of the proceedings under Article 64(3) of the Rome Statute and Regulation 54 of the ICC regulations.
“The Trial Chamber is of the opinion that it would assist the fair and expeditious conduct of this trial for the defense to provide a document before the start of trial, which sets out... the matters which the prosecution are proposing to lead in evidence with which the defense takes issue,” Korner said.
The defense will be required to file the document one month before the trial begins.
The directive came after defense lead counsel Peter Haynes argued that the alleged acts in the case do not amount to crimes against humanity. Korner clarified that the order does not require the defense to disclose its full strategy or prevent it from raising additional issues later in the proceedings.
She also said the filing would not replace or interfere with the defense's right to submit a formal pre-trial brief.
The conference saw extensive arguments over the deadline for victims seeking to participate in the proceedings.
Haynes urged the chamber to impose a Sept. 30, 2026 cut-off date, warning that allowing applications to continue until late in the trial could create false expectations among victims whose cases may ultimately fall outside the scope of any conviction.
“The harm that can be done in admitting thousands of victims to participate... only for them to find out in the reparations phase that none of them fall within the ambit of the convictions,” Haynes said.
The chamber heard that the case currently involves 49 incidents and 73 deceased individuals.
The prosecution opposed the proposed cut-off, arguing that the incidents listed by prosecutors were “only indicative” and not exhaustive.
“A high number of victims will manifest themselves,” Senior Trial Lawyer Julian Nicholls said, adding that additional victims may still emerge during trial preparations.
