MANILA, Philippines — The International Criminal Court’s (ICC) Trial Chamber III has issued a detailed agenda for the first status conference in the case against former president Rodrigo Duterte, scheduling discussions on the trial start date and evidence disclosure, witness protection and victims’ participation.
In an order made public on Tuesday, the chamber laid out a list of items to be addressed at the May 27 status conference, signaling the complexity of pre-trial preparations in the high-profile case.
Based on the order, judges will first take up the proposed commencement date of the trial and all deadlines leading up to trial, including filings, disclosures, and pre-trial motions. The chamber will then hear relevant updates from the prosecution on the estimated volume of witnesses, documentary evidence, and other non-testimonial evidence it intends to rely upon at trial.
The use of expert witnesses will be discussed, along with the potential for witness testimony via audio-visual link. Judges will also consider the application of Rule 68 of the ICC Rules of Procedure and Evidence, which allows for the introduction of previously recorded testimony under specific conditions, a provision that could significantly shape how evidence is presented.
The parties will address agreed facts under Rule 69, a mechanism that can streamline trial proceedings by having both sides acknowledge certain uncontested points.
The chamber will also discuss languages to be used by the parties, participants, and witnesses, as well as interpretation and translation needs – a logistical challenge given the international nature of the court and the expected involvement of Filipino witnesses and evidence.
Also to be tackled are protocols that will govern courtroom operations: a witness preparation protocol, a witness familiarization protocol, rules for handling dual-status individuals (such as victims who are also witnesses), and a protocol addressing vulnerability issues. Judges will also discuss the application of other protocols adopted during the pre-trial phase.
While the status conference will be public, the chamber may order private sessions to avoid disclosing sensitive information regarding witness protection and security issues. The order noted that other issues raised in written submissions, though not on this first agenda, may be discussed in upcoming status conferences leading to the start of trial.
