Judges of the International Criminal Court (ICC) Trial Chamber III issued directions governing the conduct of trial proceedings in the crimes against humanity case against former President Rodrigo Duterte.
The reading of charges against Duterte is scheduled to take place at the opening of the trial on November 30, 2026, according to the chamber.
Ahead of the proceedings, prosecutors were directed to submit by August 31 a detailed trial brief, along with a list of witnesses they intend to present and all items of evidence they plan to introduce during the trial.
The Common Legal Representatives of Victims (CLRV) may also file a trial brief by September 28.
Meanwhile, Duterte’s defense team has until October 30 to identify the principal matters of fact or law it disputes with the prosecution and to outline the general nature of the former president’s defense.
“The Chamber reiterates that this filing does not preclude the defense from raising further issues at a later stage if these become evident in the course of the trial or the defense’s investigations,” the ICC said.
At the start of the trial, the prosecution will deliver the first opening statement, followed by the CLRV and the defense.
The prosecution will be given six hours for its opening statement, while the CLRV will have three hours. The chamber said it would determine the duration of the defense’s opening statement at a later date.
The trial will proceed in three stages: the presentation of evidence by the prosecution, any presentation of evidence by the CLRV if permitted by the court, and the presentation of evidence by the defense.
“During its deliberations, the Chamber will consider all standard evidentiary criteria for each item of evidence submitted, though it may not necessarily discuss every submitted item in the judgment,” the chamber said.
It added that evidence considered particularly important may be ruled upon for admissibility at the time of presentation, either on the chamber’s own initiative or upon request by either party.
Under the order of questioning set by the court, the party calling a witness will examine the witness first, followed by the CLRV, if any, and then the non-calling party.
The ICC said the defense has the right to question a witness last, if necessary.
The chamber also ordered the prosecution to seek relevant in-court protective measures for witnesses no later than October 30.
“Insofar as possible, witness testimony shall be given in public. If in-court protective measures are in place for a witness, parties and participants shall at all times be cautious and ensure that questions asked during public sessions do not compromise these measures,” it said.
The court stressed that the use of private or closed sessions should be limited to what is strictly necessary.
Duterte has been under ICC custody since March 2025 in connection with charges over killings linked to his tenure as Davao City mayor and his administration’s war on drugs.
The ICC recently ordered a new medical examination for the 81-year-old former president to determine whether he is fit to stand trial.
