ICC prosecutors eye November trial against Rodrigo Duterte

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Composite photo shows the facade of the International Criminal Court and former President Rodrigo Duterte.

Facebook / International Criminal Court; House of Representatives / Release

MANILA, Philippines — Prosecutors at the International Criminal Court (ICC) are seeking a November start date for the crimes against humanity trial of detained former President Rodrigo Duterte over his drug war.

In a submission dated May 15, prosecutors said they expect to complete all necessary pre-trial steps by Sept. 30, 2026.
"Consequently, the Prosecution proposes that the trial be set to commence on Monday, 30 November 2026 which would then provide for a period of two months prior to the commencement of the trial," the ICC prosecutors said.

Meanwhile, lawyers representing the drug war victims recommended that the trial begin in September 2026. 

They said the proposed timeline balances the rights of both the victims and the accused to a speedy trial, while also allowing enough time for newly identified victims to apply to participate in the proceedings.

On the other hand, Duterte’s defense, led by its newly appointed counsel Peter Haynes, said the prosecution's proposed schedule "is contingent upon a determination by the Trial Chamber of Mr. Duterte’s fitness to stand trial."

Haynes again raised concerns over Duterte’s ability to stand trial, citing his alleged deteriorating condition. 

“In particular, the defense position is that a commencement is contingent upon a determination by the Trial Chamber of Mr. Duterte’s fitness to stand trial. As further elaborated below, the defense will request that this issue is revisited by the Trial Chamber,” Hayne’s submission read.

“Whilst a determination of Mr. Duterte’s competence was undertaken during the pre-trial phase on the basis of written reports, his condition continues to deteriorate and will need more fully to be reviewed before any trial may commence,” he added.

Following an independent medical assessment that found the 81-year-old Duterte fit to participate in proceedings, the ICC formally confirmed the charges against him on April 23 and transferred the case from Pre-Trial Chamber I to Trial Chamber III.

Duterte now faces three counts of murder and attempted murder as crimes against humanity, over his alleged involvement in the killings committed during his time as mayor of Davao City and later as president of the Philippines.

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