ICC puts off scheduling Duterte's trial until after medical re-examination 

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May 27, 2026 | 7:19pm

MANILA, Philippines — The International Criminal Court deferred on Wednesday, May 27, the setting of the schedule for the trial of former President Rodrigo Duterte until he gets a fresh assessment by the same three medical experts who earlier deemed him fit to stand trial.

Presiding Judge Joanna Korner said during the first status conference in the case that the three medical professionals who assessed Duterte during the confirmation proceedings will be instructed to assess him again. She said the order would be issued "either today or tomorrow." 

Duterte did not participate in the conference as he had earlier waived his right to appear. He is now represented by new lead counsel, Peter Haynes, with Kate Gibson as associate counsel.

"The finding of fitness [is] related to the confirmation proceedings, and the chamber is obliged to make a separate finding on that issue," Korner said.

She said the trial schedule would depend on the medical reports. "It's a bit difficult to set a schedule for trial until we've had an up-to-date report," she said. 

Because of Duterte's age and "potential medical problems," she added, the trial will likely need to sit with a day off in the middle of the week.

But Korner clarified that deciding on a schedule at this time would be premature. "I'm reluctant at this stage, without further reports and without an assessment made by the experts, to set a schedule."

A request was also made for the experts to be available for questioning by the parties once they file their reports. Korner said the chamber would decide on that later. 

"I rather think we'll wait and see what the reports say before we make such a decision," she said.

The prosecution earlier proposed a trial start date of November 30. The defense, meanwhile, is pushing for December 30. Victims' lawyers want the trial to begin as early as September. The court registry asked for January 2027 and cited the need to find interpreters for Filipino languages.  

The prosecution told the chamber it plans to call between 60 and 70 witnesses, around 31 of them insider witnesses, and signaled it would apply by the end of August to add new incidents to the case. 

The defense said it would oppose any expansion of the charges.

Korner reminds both sides of need for conciseness

Wednesday's proceedings were the first time that the public and those following the Duterte case were given a glimpse into how the court plans to manage the high-profile trial, from witness testimony and evidence disclosure to translation requirements and scheduling concerns tied to Duterte's health. 

Korner repeatedly stressed efficiency and conciseness during the conference. She urged lawyers on both sides to narrow their evidence disclosure, avoid unnecessary legal arguments and rely heavily on agreed facts and previously recorded testimony where possible.

"The chamber would not expect to hear from witnesses all saying the same thing," she said as she encouraged broader use of Rule 68, an ICC procedure allowing recorded witness statements and video testimony to be admitted into evidence instead of requiring all witnesses to testify live in court.

The hearing briefly shifted into private session twice during discussions involving witness protection and evidence disclosure tied to ongoing investigations in the Philippines.

Small world of international lawyers 

Korner also disclosed past professional ties with lawyers on both sides of the case, saying she was doing so in the interest of transparency because of intense public attention on the proceedings.

She said she had worked with Nicholls more than two decades ago at the International Criminal Tribunal for the former Yugoslavia and had also known Haynes for many years socially and professionally.

"The world and the pool of international criminal law lawyers and judges is a limited one," Korner said. 

Such prior acquaintances would have no bearing on the conduct of the trial or the chamber's rulings, she added.