ICC orders former President Duterte to attend trial in person starting November 30

Former Philippine President Rodrigo Duterte must personally attend every session of his upcoming trial before the International Criminal Court (ICC), beginning November 30, according to an order issued Monday, November 2, by Presiding Judge Joanna Korner during Trial Chamber III’s fifth and final status conference.

Duterte’s lead defense counsel, Peter Haynes, accepted the directive without objection, assuring the tribunal that the former head of state would be physically present throughout the proceedings.

During the conference, the Office of Public Counsel for Victims (OPCV) requested permission for victims to deliver up to 15 minutes of their opening statements in Tagalog to foster broader participation and comprehension.

However, Judge Korner reaffirmed that English and French remain the official working languages of the court, noting that non-standard languages require exceptional legal justification.

To accommodate the seven-hour time difference between The Hague and the Philippines, the chamber modified its daily timetable, aiming to finish witness testimony before 8 p.m. Manila time.

Sessions will convene at 8 a.m. local time in the Netherlands (3 p.m. in the Philippines). Senior Trial Lawyer and ICC Prosecutor Julian Nicholls confirmed that approximately 29 witnesses residing in the Philippines will testify remotely via video link.

Korner instructed the prosecution to call all in-person witnesses before introducing testimony from remote witnesses to maintain evidentiary order.

In a formal filing on Nov. 2, the prosecution moved to admit the prior recorded statements of three witnesses—designated as P-1097, P-1170, and P-1318—pursuant to Rule 68(3) of the ICC Rules of Procedure and Evidence.

Prosecutors noted that using prior statements would shorten direct examinations and streamline the trial without compromising the defense’s right to cross-examination.

These testimonies focus on the Philippine National Police’s operational execution of Duterte’s anti-narcotics campaign, specifically the compilation and usage of "narco-lists" and drug watchlists.

The prosecution asserts these records are directly linked to establishing Duterte's individual criminal responsibility.

Conversely, the defense contested a separate prosecution motion regarding a report associated with witness P-1357.

While Duterte’s legal team raised no objection to admitting specific prior statements under Rule 68(2)(b), they argued the report itself should be excluded on the grounds that the witness failed to substantively address or clarify its contents during earlier testimony.

The defense emphasized that court efficiency must not undermine Duterte's constitutional right to a rigorous legal defense.

To complete trial preparations, the ICC established updated administrative protocols, including revised courtroom seating charts and fixed schedules for recesses and meal breaks.

According to ICC filings, Duterte faces charges of crimes against humanity relating to acts allegedly committed during the Philippine government’s drug war between Nov. 1, 2011, and March 16, 2019.

-RA Sibag/Paraluman News