The prosecution in Rodrigo Duterte’s case before the International Criminal Court has outlined plans to present as many as 70 witnesses when the former Philippine president faces trial for crimes against humanity.
ICC senior trial lawyer Julian Nicholls disclosed the figure during a status conference held by Trial Chamber III at the tribunal’s Courtroom 1 in The Hague on Wednesday, May 27 — the first such proceeding convened by the chamber assigned to the case.
According to an earlier prosecution filing, the witness pool would include 31 insider witnesses, 17 crime-based witnesses, and 12 others brought in to establish the background and contextual elements of the charges. Of that total, between 25 and 30 are expected to testify in person, with the remainder to be presented under ICC Rule 68, which permits the use of previously recorded audio or video testimony.
“The prosecution intends to call as many of its witnesses as possible to testify in person at the seat of the Court,” deputy prosecutor Mame Mandiaye Niang wrote in a May 15 filing. “However, the prosecution anticipates that some witnesses may need to testify via audio/video link where the witness is unable to travel to the seat of the Court,” he added.
Direct examination of witnesses is estimated to take between 175 and 200 hours.
Presiding Judge Joanna Korner flagged concerns over the volume of evidence the prosecution intends to introduce, urging it to “consider very carefully” a list of 197 speeches identified as exhibits. Nicholls confirmed the list would be narrowed and that not all of the speeches would be played during trial.
Korner set an efficiency-focused tone from the outset. “In respect of trials, efficiency and effectiveness is dependent on actions taken by all parties to a trial,” she said, stressing that evidence must be presented “in the shortest and clearest way” and cautioning all parties against drawn-out legal arguments.
The 81-year-old former president was permitted to be absent from the proceedings and was represented by newly appointed lead defense counsel Peter Haynes and associate counsel Kate Gibson. Haynes had previously urged the chamber to resolve questions about Duterte’s fitness to stand trial before any hearing date is fixed, but told the court his team would be prepared for whatever schedule the judges ultimately set.
Ruling on a trial start date remains on hold. Judge Korner deferred the decision pending a fresh medical assessment of Duterte, directing the independent expert panel that previously examined him to conduct another evaluation of his condition. “As regards having them brought for any questioning, I rather think we’ll wait and see what the reports say before we make such a decision,” she said.
Competing timelines have been put forward by the parties. The ICC prosecutor is pushing for a November 30 trial start, while lawyers for the victims argued proceedings could begin as early as September. Victims’ representative Paolina Massidda said a later 2026 date would still be acceptable, but ruled out the ICC Registry’s proposal to begin in January 2027.
Joining Korner on the bench were Judges Keebong Paek and Nicolas Guillou. Filipino lawyer Joel Butuyan appeared alongside Massidda on behalf of the victims.
