(UPDATE) THE International Criminal Court (ICC) Trial Chamber III has issued detailed procedural rules governing the upcoming crimes against humanity trial of former president Rodrigo Duterte, including strict time allocations for opening statements and deadlines for submissions ahead of the trial’s start on Nov. 30, 2026.
In a 23-page decision issued on June 19, the chamber — composed of Presiding Judge Joanna Korner, Judge Keebong Paek, and Judge Nicolas Guillou — set out the framework for the conduct of proceedings, covering opening statements, evidence presentation, witness procedures, filings and transparency measures.
Under the ruling, the prosecution was granted up to six hours to deliver its opening statement, which will be presented first when the trial begins.
The Common Legal Representatives of Victims (CLRVs) were allotted up to three hours for their own opening statement, while the defense has not yet been given a fixed time limit after informing the chamber it could not yet estimate the duration of its presentation.
The chamber ordered that opening statements must be delivered in a single sitting, with no unused time allowed to be reserved for later use.
All opening statements will be held in public session, and parties must notify the court at least 15 days before trial if they intend to deliver their statements at the commencement of proceedings.
Any audiovisual materials to be used must be submitted eight days before trial, with objections due five days before proceedings begin.
The chamber also ruled on the sequence of presentations, with the prosecution going first, followed by victims’ representatives and the defense. It said the defense and CLRVs may choose to present their opening statements either at the start of the trial or immediately before presenting their evidence.
Beyond opening statements, the chamber laid out a structured timeline for filings and trial preparations.
The prosecution was ordered to submit its detailed trial brief, final witness list, and evidence list by Aug. 31, 2026.
The brief must outline the core facts of the case, legal arguments and supporting exhibits, while the witness list must include identities or pseudonyms, summaries of expected testimony, sequencing of witnesses, estimated questioning time, and any requests for protective measures.
Victims’ legal representatives were given until Sept. 28, 2026, to file their own trial brief, while the defense must submit by Oct. 30, 2026, its statement of the main factual and legal issues it disputes, as well as the general nature of Duterte’s defense, including any specific defenses it intends to raise.
The chamber clarified that this filing will not prevent the defense from introducing additional issues later in the proceedings.
The ICC also established the structure of the trial itself, which will proceed in phases: the prosecution’s presentation of evidence, followed by victims’ representatives if authorized by the chamber, and then the defense. Any rebuttal or rejoinder evidence will require prior approval.
For witness examinations, the party presenting the witness will conduct the initial questioning, followed by victims’ representatives and then the opposing party.
The chamber reiterated that the prosecution carries the burden of proof, while victims’ lawyers may focus their questioning on issues related to harm suffered and reparations.
The defense and prosecution may also question witnesses on credibility and other relevant circumstances affecting liability, including mitigating or aggravating factors. The chamber said challenges to witness credibility should be raised during questioning when they relate to key issues in the case.
On evidence, the ICC adopted a flexible approach allowing documentary, digital and physical materials to be submitted without immediate rulings on admissibility.
Instead, the chamber will assess relevance, probative value and potential prejudice when issuing its final judgment under Article 74 of the Rome Statute, though it may rule immediately on particularly significant evidence.
The prosecution was also instructed to submit applications under Rule 68 of the ICC Rules of Procedure and Evidence on a rolling basis — by Aug. 31, 2026, for witnesses scheduled to testify that year, and by Oct. 30, 2026, for remaining witnesses.
Requests for protective measures for prosecution witnesses must also be filed by Oct. 30.
The chamber emphasized that witness testimony should, “insofar as possible,” be conducted in public, with closed sessions limited to strictly necessary circumstances.
It also ordered that court filings generally be made public, with redactions allowed only when justified, and directed the Registry to prepare public versions of transcripts.
Protocols were likewise adopted for witness preparation, vulnerable witnesses, dual-status witnesses, redactions, and the ICC’s electronic court system.
Duterte has remained in ICC custody since his arrest in Manila on March 11, 2025. He faces three counts of crimes against humanity involving murder and attempted murder allegedly committed during the Philippines’ anti-drug campaign from 2011 to 2019, covering his tenure as Davao City mayor and later as president.
The ICC Pre-Trial Chamber confirmed the charges on April 23, 2026, finding reasonable grounds to believe he bore responsibility for the alleged crimes, and has since rejected his requests for interim release.
The 81-year-old former leader has been permitted to skip some procedural hearings but will be required to appear once the trial begins.
Trial Chamber III is set to hold further status conferences on June 23 and July 14 to address remaining procedural matters ahead of the trial’s opening.
