(UPDATE) THE Presidency of the International Criminal Court (ICC) has constituted Trial Chamber III and referred the case of former president Rodrigo Duterte to it for trial, following the confirmation of charges issued on April 23.
In a decision released Tuesday, the ICC Presidency said it acted pursuant to Article 61(11) of the Rome Statute and Rule 130 of the Rules of Procedure and Evidence, which require it to establish a trial chamber once charges have been confirmed and to transmit both the confirmation decision and the full record of proceedings to that chamber.
The move came after Pre-Trial Chamber I confirmed charges against Duterte and committed him to trial on the specific counts detailed in its ruling.
The Presidency said the complete case record, including the decision confirming the charges, had been transmitted by the ICC Registry in accordance with procedural rules governing the transition from pre-trial to trial stage.
The Presidency said it took into account the court’s current and anticipated workload, the need for efficient case management, judicial availability, prior involvement of judges in cases, and the experience and expertise of each member of the bench.
The newly constituted Trial Chamber III is composed of Judges Joanna Korner, Keebong Paek, and Nicolas Guillou.
Judge Korner is a British jurist with extensive experience in international criminal law and prosecution. Before joining the ICC, she served as a prosecutor at the International Criminal Tribunal for the former Yugoslavia (ICTY), handling cases involving war crimes and crimes against humanity. She also held senior prosecutorial roles in the United Kingdom, where she worked on complex criminal cases. At the ICC, she is known for her trial advocacy and judicial experience in international proceedings.
Judge Keebong, on the other hand, is a South Korean judge with experience in domestic judiciary service and international legal frameworks. His work has involved criminal adjudication and cross-border legal cooperation, with a focus on evidentiary standards and comparative criminal procedure. At the ICC, he contributes to both pre-trial and trial functions of the Court.
Judge Guillou is a French jurist who previously served in the French judiciary, with experience in criminal law, judicial administration, and international legal cooperation. At the ICC, he has handled complex proceedings requiring detailed review of extensive evidentiary records and procedural issues.
While the case has been moved to the Trial Chamber, an exact start date has not yet been announced by the ICC judges.
Under the Rome Statute, Duterte’s presence at the trial is mandatory. While he waived his right to appear during the pre-trial and jurisdiction hearings, he will be required to be in the courtroom once the trial begins.
The trial focuses on killings carried out between November 2011 and March 2019, covering his time as mayor of Davao City and his presidency. The prosecution has focused on 78 victims across 49 incidents, though they have said this is a non-exhaustive list and more evidence may be introduced during the trial.
Duterte’s legal team may continue filing various procedural appeals, but these are no longer capable of stopping the case from moving to the full trial stage.
