MANILA, Philippines — The International Criminal Court (ICC) Trial Chamber III has granted the prosecution up to six hours to deliver its opening statement when the crimes against humanity trial of former president Rodrigo Duterte begins on Nov. 30, 2026.
The chamber also allotted up to three hours for the Common Legal Representatives of Victims (CLRVs) to present their opening statement, while the defense has yet to receive a fixed time limit after it said it could not estimate the duration of its presentation at this stage.
The time allocations were part of the ICC’s 23-page directions on the conduct of proceedings issued on June 19 by Trial Chamber III, composed of Presiding Judge Joanna Korner, Judge Keebong Paek, and Judge Nicolas Guillou. The ruling established procedures for the trial, including evidence presentation, witness examinations, and filing deadlines.
The chamber ordered that the prosecution would deliver its opening statement first, followed by the victims’ representatives and then defense. It said the defense and victims may choose to give their opening statements either at the start of the trial or immediately before presenting their evidence.
However, the ICC ruled that opening statements must be presented in one sitting. The parties and participants will not be allowed to reserve unused time from their opening statements and continue them later during the proceedings.
The chamber also directed the victims’ representatives and defense to notify the court 15 days before the trial begins if they would deliver their opening statements at the commencement of proceedings.
Any materials to be used during opening statements must be submitted eight days before trial, with objections due five days before the start of proceedings.
All opening statements will be conducted in public session, with parties instructed to prepare accordingly. The ICC also allowed the use of audio-visual materials during the presentations.
The chamber also ordered the prosecution to submit by Aug. 31, 2026 its detailed trial brief, list of witnesses, and list of evidence it intends to present. The trial brief must include the main facts of the prosecution’s case, the witnesses who will testify, relevant exhibits, and the legal arguments it will rely on.
The prosecution’s witness list must include details such as witness identities or pseudonyms, relationships to other witnesses or relevant persons, summaries of expected testimony, the order in which witnesses will be called, estimated questioning time, and any requests for protective measures.
The defense, meanwhile, was directed to file by Oct. 30 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 also set the sequence of opening statements, with the prosecution presenting first, followed by the Common Legal Representatives of Victims and the defense. The prosecution was granted up to six hours for its opening statement, while victims’ representatives were given up to three hours.
During the trial proper, evidence presentation will proceed with the prosecution first, followed by victims’ representatives if authorized by the chamber, and then the defense. Any rebuttal or rejoinder evidence will require prior approval.
The ICC also laid down procedures for documentary, digital, and physical evidence, stating that such evidence will generally be recognized without an immediate ruling on admissibility. The chamber said it will assess relevance, probative value, and possible prejudice when determining the guilt or innocence of the accused.
For witnesses, the calling party will question the witness first, followed by victims’ representatives, if any, and then the opposing party. The chamber said challenges to a witness’s credibility or the reliability of testimony must be raised during questioning when they concern major issues in the case.
The chamber further ordered that applications to use previously recorded testimony under Rule 68 of the ICC Rules of Procedure and Evidence must be submitted by the prosecution no later than Aug. 31, 2026 for witnesses testifying within 2026, and by Oct. 30, 2026 for other witnesses.
It also adopted protocols covering witness preparation, witness familiarization, vulnerable witnesses, dual-status witnesses, redactions, and the electronic court system.
The ICC said the directions were adopted to ensure an organized and efficient trial process while preserving the rights of the accused, victims, and other participants.
