Prosecutors at the International Criminal Court are seeking protective measures for 55 witnesses expected to testify in the crimes against humanity case against former Philippine President Rodrigo Duterte, citing risks to their safety, privacy and well-being.
In a 12-page filing dated Nov. 5, 2026, the prosecution asked Trial Chamber III to impose protective and special measures for six categories of witnesses, including insider and crime-base witnesses living in the Philippines, witnesses residing abroad, individuals admitted to the ICC Protection Program and prosecution staff members.
Some details about the witness categories were redacted in the filing.
The prosecution said the measures were necessary to protect the physical and psychological well-being, dignity and privacy of those who will testify before the court.
It argued that the requested measures would not unfairly prejudice Duterte or undermine his right to a fair and public trial.
“The requested measures will not prejudice Mr. Duterte. Mr. Duterte will have the same opportunity and ability to question the concerned witnesses as if their identities were publicly known,” the prosecution said.
It added that the defense would remain free to conduct its own inquiries to test the witnesses' prospective testimony.
The prosecution also said it would make efforts to ensure that testimony is delivered in open court as much as possible, even if the identities of the witnesses remain confidential.
Closed or private sessions would be limited to portions of testimony involving sensitive information or details that could expose witnesses to risks, except for those whose entire testimony is requested to be heard behind closed doors.
The prosecution said the measures would allow witnesses to provide their testimony without restrictions and help the court establish the truth.
It also committed to monitoring the situation and informing the chamber if the need for protective measures changes.
The filing further identified witness P-1439 as already being covered by protective measures ordered by another ICC trial chamber. The prosecution said the measures remain unchanged and should continue to apply in Duterte's case.
The request was made pursuant to the Rome Statute and the ICC's Rules of Procedure and Evidence, which provide for measures to protect victims and witnesses appearing before the court.
