Prosecutors at the International Criminal Court (ICC) are seeking to begin the trial of former Philippine president Rodrigo Duterte on November 30, 2026 over crimes against humanity charges linked to his controversial war on drugs.
In a 17-page submission filed before ICC Trial Chamber III ahead of the first status conference on May 27, the Office of the Prosecutor said it expects to complete all necessary pre-trial preparations by Sept. 30, 2026.
“The proposed date for the start of trial will allow the Prosecution to efficiently discharge its disclosure and other pre-trial steps and will consequently likely prevent problems arising during the trial, which could cause delay,” prosecutors said.
The prosecution noted that the proposed timeline would make Duterte’s case “one of the fastest” to proceed to trial after the confirmation of charges.
Prosecutors said investigations remain ongoing as they continue gathering evidence, completing pending investigative steps, and possibly re-interviewing witnesses. They also disclosed they are considering adding more incidents to the charges already confirmed by the ICC’s Pre-Trial Chamber, provided these remain within the scope of the existing case.
The prosecution plans to present around 60 to 70 witnesses during the trial, including insider witnesses, crime-base witnesses, and expert witnesses. Around 25 to 30 witnesses are expected to give oral testimony.
Experts being considered include specialists on the Philippines’ drug war, police operations, use of force, forensic science, and statistical analyses of killings linked to anti-drug operations.
Prosecutors also identified around 197 speeches and public statements made by Duterte that may be presented as evidence during the proceedings.
According to the filing, the prosecution has already disclosed 5,177 evidence items to the defense, including nearly 3,000 witness-related materials, while more than 13,000 additional items remain under review.
The defense team, however, argued that setting a trial date at this stage would be “inappropriate,” citing concerns over Duterte’s health and fitness to stand trial.
Newly appointed defense counsel Peter Haynes said Duterte’s condition “continues to deteriorate” and requested that the 81-year-old former president be examined by independent medical experts.
Haynes said the defense may later ask the court to determine whether Duterte would need to be physically present throughout the proceedings, citing possible health-related accommodations due to his age and medical condition.
He also stressed that a defendant in an ICC trial must be capable of following extensive oral and documentary evidence, communicating consistently with lawyers, and understanding the evolving evidentiary record.
The defense further requested that English be adopted as the working language of the proceedings, while witness testimony should be interpreted into both English and Cebuano to allow Duterte to fully follow the trial.
Duterte has been detained at the ICC detention facility in The Hague since March 12, 2025. He faces allegations tied to killings linked to his anti-drug campaign during his time as mayor of Davao City and later as president.
The former president has denied the allegations and continues to question the ICC’s jurisdiction over the case. However, the tribunal earlier ruled it retains jurisdiction over alleged crimes committed before the Philippines withdrew from the ICC in 2019.
