The International Criminal Court (ICC) has set November 30, 2026, as the planned trial date in the crimes against humanity case against former President Rodrigo Duterte, subject to a final ruling on his fitness to stand trial.
ICC Trial Chamber III Presiding Judge Joanna Korner said the chamber is prepared to accept the prosecution’s proposed timeline but emphasized that the schedule depends on medical findings.
“We are prepared to accede to the prosecution's application of the 30th of November as the start of trial,” Korner said during the third session of the case’s first status conference.
However, she clarified that the court must first receive the results of a renewed fitness assessment of the accused.
“We have to wait for the report on the accused's fitness… if they find him fit to stand trial,” she added, noting that the chamber intends to sit “five days a week” once proceedings begin.
The defense, led by British lawyer Peter Haynes, has requested a new medical evaluation, arguing that the earlier assessment only covered the confirmation stage and not the full trial phase. The court ordered both prosecution and defense to finalize a joint instruction for the panel of medical experts tasked with examining Duterte.
The expert panel includes a forensic psychiatrist, a neuropsychologist, and a geriatric and behavioral neurologist.
Judge Korner also directed the ICC Registry to coordinate logistical arrangements, including interpreter readiness, stressing the importance of accessibility for stakeholders in the Philippines.
“I think it's important that opening statements can be understood by those in the Philippines,” she said, ordering that Filipino interpretation be available for the opening statements even if full witness interpretation capacity is still being developed.
Under the current schedule, hearings are expected to run daily until the December court break.
Earlier in the proceedings, the prosecution proposed a November 30 start date, while the Office of the Public Counsel for Victims pushed for an earlier September timeline. The Registry, however, suggested a later start in January 2027 due to ongoing interpreter training requirements. The defense did not propose a specific date but said trial commencement this year appeared unlikely based on previous ICC cases.
The prosecution, through Senior Trial Lawyer Julian Nicholls, said the November timeline was necessary to complete pre-trial requirements, while defense counsel Haynes stressed the need for at least three months between disclosure completion and trial opening.
Duterte did not attend the status conference after formally waiving his appearance through his legal team.
He has been in ICC custody since March 2025, with the court previously ruling that he remains detained due to risks of flight, obstruction of justice, and non-recognition of ICC jurisdiction.
