Prosecutors and the defense team of former President Rodrigo Duterte are at odds over when his trial at the International Criminal Court should begin, with a gap of more than a year separating their competing proposals.
The Office of the Prosecutor has called for proceedings to open by November 30, 2026, and expects to wrap up all pretrial steps by September 30. The defense, in a filing before ICC Trial Chamber III, is pushing for a start date between June and November 2027 — up to 19 months after charges were confirmed on April 23.
Peter Haynes, who took over as Duterte’s lead counsel earlier this month following the departure of Nicholas Kaufman, grounded the request in both the scale of the case and concerns about the former president’s health. He cited comparable ICC cases in which trial commenced 14 to 19 months after charge confirmation, and argued that the prosecution’s timeline was “unrealistic” given the volume of materials the defense must review.
“The defense requires sufficient time to conduct independent investigations, assess disclosure materials, and ensure the accused’s right to adequate preparation,” Haynes said in the filing.
He also urged the chamber to assess Duterte’s fitness to stand trial before scheduling any hearing date, noting that although a medical evaluation was carried out during the pretrial phase, the former president’s condition “continues to deteriorate and will need more fully to be reviewed before any trial may commence.” Haynes described the prosecution’s proposed schedule as premature given these “extraneous and unresolved factors.”
The prosecution pushed back, arguing that an earlier start was warranted “in the interest of judicial efficiency and the rights of victims awaiting proceedings.”
Duterte faces charges of crimes against humanity, specifically murder and attempted murder, allegedly carried out between 2011 and 2019 — spanning his time as Davao City mayor through his presidency. Prosecutors plan to call 60 to 70 witnesses, with 25 to 30 expected to testify in open court, and estimate that direct examination alone could run between 175 and 200 hours.
Among the evidence prosecutors intend to submit are at least 619 documentary and nontestimonial items, including approximately 197 speeches and public statements attributed to Duterte, along with accompanying transcripts and translations.
