Judges at the International Criminal Court have refused a bid by former President Rodrigo Duterte’s legal team to compel prosecutors to release additional information about individuals expected to testify in the case, including whether they are prepared to appear in court if proceedings advance to trial.
In a six-page ruling dated Feb. 20, Pre-Trial Chamber I said that while court proceedings are generally open, transparency is not without limits. The panel emphasized that any consideration of public access must be balanced against obligations under the Rome Statute to safeguard the security, dignity and privacy of victims and witnesses.
The defense, headed by lawyer Nicholas Kaufman, had asked the chamber on Feb. 16 to direct prosecutors to disclose more details from redacted filings ahead of the confirmation of charges hearing scheduled to begin Feb. 23. Counsel argued that without fuller disclosure, the defense would be constrained to contest the prosecution’s material—outlined in a censored version of the document containing charges—only during sessions closed to the public. The lawyers also maintained that some of the information being withheld was already circulating in the Philippines.
Prosecutors opposed the move, warning that removing redactions from the charging document and related briefs—covering three counts of murder—could expose victims and witnesses to danger. The chamber sided with that position.
“Contrary to what the defense implies… the right to a public trial and the principle of publicity of the proceedings does not equate to an absolute right for the public to know all the details of a case or for the defense to present its arguments fully in public session, to the detriment of the integrity of the proceedings and the safety of those involved,” the judges wrote.
They added: “In the view of the chamber, whether some of the information requested to be disclosed to the public is allegedly already public information in the Philippines does not negate the risks imposed on the relevant individuals and their families should the information be confirmed or not, which might also heighten such risks.”
The chamber noted that the redactions do not prevent the defense from disputing the “reliability and admissibility” of the prosecution’s evidence during the hearing. It also reminded Kaufman and his team of their obligations under the ICC’s Code of Professional Conduct to protect confidential material.
“As such, counsel has a duty to ensure that his oral submissions, taken in isolation or holistically, do not directly or indirectly reveal any confidential information, and to request that part of the hearing be held in private session should counsel intend to address such information,” the ruling stated.
In a separate development, the chamber dismissed an effort by the defense to remove Filipino lawyers Joel Butuyan and Gilbert Andres from the proceedings. However, it allowed Duterte to forgo attending the hearing after he submitted a written waiver citing health concerns and contesting the ICC’s jurisdiction over him.
Duterte is currently detained at the Scheveningen prison facility and faces charges of crimes against humanity linked to the killing and attempted killing of 78 people during his anti-drug campaign.
