PROSECUTORS at the International Criminal Court (ICC) have proposed that the trial of former president Rodrigo Duterte begin on Nov. 30, 2026, while lawyers representing victims urged judges to start proceedings earlier in September and pressed for the use of Tagalog and Cebuano interpreters to ensure affected communities can follow the case.
The differing positions were laid out in submissions to ICC Trial Chamber III made public over the weekend ahead of a May 27 status conference in The Hague, where judges are expected to discuss trial preparation, evidence disclosure, witness arrangements and language services.
In its filing made public over the weekend, the Office of the Prosecutor said it expects to complete all pre-trial preparations by Sept. 30, 2026, paving the way for opening statements two months later in what prosecutors said could become one of the fastest cases to proceed to trial following confirmation of charges in the court’s history.
Prosecutors said they plan to present about 60 to 70 witnesses, including 31 insider witnesses and 17 crime-based witnesses.
However, only about 25 to 30 are expected to testify live in court, with prosecutors seeking to admit previously recorded testimony and evidence for the remaining witnesses under Rule 68 of the ICC Rules of Procedure and Evidence.
The prosecution estimated that direct examination of witnesses alone would require between 175 and 200 hours.
The filing also disclosed that prosecutors are considering adding a “limited number” of incidents to the charges already confirmed by Pre-Trial Chamber I, though they said the move would only modestly affect the number of witnesses.
Prosecutors said they are also evaluating expert testimony in five areas: the historical and political background of the Philippines’ anti-drug campaign, statistical analyses of police use of deadly force and death tolls, police methodology and use-of-force procedures, and forensic science.
The Office of the Prosecutor flagged serious security concerns for witnesses, stating that “a significant number” would require protective measures in court because many witnesses and their relatives continue to reside in the Philippines.
Several witnesses have already been admitted to the ICC witness protection program, with more referrals anticipated.
The prosecution also detailed the scale of ongoing disclosure and translation work. It said 5,177 items have already been disclosed to the defense, including nearly 3,000 witness statements or transcripts, while another 13,284 items remain under review for possible disclosure.
Among the evidence being assessed are roughly 197 speeches by Duterte that prosecutors may rely on during trial, as well as 194 additional speeches collected after the confirmation hearing that are still undergoing language review in Filipino and Cebuano.
Prosecutors proposed increasing daily court sittings from three hours during pre-trial proceedings to three-and-a-half hours, arguing that longer sessions could significantly shorten the overall duration of the trial.
They also asked the Registry to consider providing Filipino interpretation for the public during proceedings, noting that affected communities in the Philippines struggled to follow earlier hearings conducted primarily in English.
According to the prosecution, around 20 witnesses are expected to testify in English, another 20 in Filipino, five in Cebuano, and two possibly in Ilocano.
Victims’ legal representatives, however, pushed for an earlier trial start in September 2026, saying victims had “consistently conveyed their wish for the trial to start as soon as practicable” and opposed delays.
The Common Legal Representatives of Victims told the chamber that most victims primarily speak Tagalog and Cebuano and are more comfortable using those languages, particularly when recounting traumatic experiences.
They asked judges to authorize official interpretation services for both languages throughout the proceedings and sought permission to “exceptionally address the chamber in Tagalog” during specific portions of the trial, including opening statements or questioning vulnerable witnesses.
“Such a measure would significantly enhance the ability of victims in the Philippines to follow and relate to the proceedings,” the filing said.
The victims’ lawyers also raised concerns over what they described as an early cut-off date for victim participation applications.
They noted that the Registry had set August 2025 as the deadline even though public versions of key case documents became available only later, potentially preventing eligible victims from applying.
They argued that the confirmation of charges decision clarified a broader scope of victimization and requested that victims be allowed to apply until the end of the victims’ case presentation, or at least until the prosecution closes its evidence.
The legal representatives also sought a dedicated and secure space for victims attending hearings in The Hague, separate from the public gallery, citing safety concerns and the expected presence of Duterte supporters during proceedings.
“Many victims and their families continue to face security risks,” the filing said.
They further urged the chamber to adopt protocols governing dual-status individuals who are both participating victims and witnesses and backed a more flexible approach to witness questioning similar to procedures used in the ICC’s Abd-al-Rahman case.
The victims’ lawyers estimated they would require three hours for opening statements and asked the chamber for flexibility on whether these would be delivered at the beginning of the trial or before any evidence they may later seek to present.
Interpreters not ready
Meanwhile, the ICC Registry warned that Filipino and Cebuano interpreters may not be ready for deployment until January 2027 at the earliest because of recruitment and training requirements.
In a separate filing, the Registry said the court’s Language Services Section had begun recruiting four new interpreters for Filipino and Cebuano.
But it explained that the process — including vacancy announcements, interviews, security checks, medical clearances, onboarding, and specialized courtroom training — would take months.
Even if recruits join by August 2026, the Registry said they would still require at least six months of preparation to master simultaneous interpretation, court terminology, technical systems, and case-specific material before they can work in the courtroom.
The Registry also outlined witness protection procedures through the ICC Victims and Witnesses Unit, which said security measures would be assessed individually and could range from basic protective practices to inclusion in the ICC witness protection program.
International relocation, the Registry said, would be treated only as a “measure of last resort” when no other protective options are viable and when witnesses are psychologically fit for relocation.
The Registry additionally recommended adopting a “Familiarization Protocol” to guide witness preparation before testimony and a “Vulnerability Protocol” for potentially vulnerable witnesses, citing their use in previous ICC proceedings.
