ICC sets Duterte trial to open November 30

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May 27, 2026 | 7:19pm

MANILA, Philippines (Updated 9:05 p.m.) — The International Criminal Court has set November 30 as the opening date for the high-profile crimes against humanity trial of former president Rodrigo Duterte.

Trial Chamber III announced the date on Wednesday, May 27, at the end of the first status conference of the case at The Hague.

The chamber sided with the prosecution, which had asked for the start of the trial to be on November 30.

Lawyers for the victims had pushed for a trial as early as September. The court registry had asked for January 2027, citing the need to find interpreters for Filipino languages. The defense had no specific date in mind but had wanted a three-month lead time after the prosecution's disclosure of evidence.

"We are prepared to accede to the prosecution's application for the 30th of November as the start of trial," Presiding Judge Joanna Korner said. "The trial will run on a daily basis until the judicial recess."

But the sitting schedule is not yet final, as it will depend on a fresh medical assessment of Duterte.

Korner said the three medical experts who examined Duterte during the confirmation of charges will be re-instructed to assess him again. The order will be issued "either today or tomorrow."

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

The standard is five sitting days a week, but Korner said this could change.

"It may well be adjusted if we have to have a day for the accused not to be in court," she said.

A non-sitting day for Duterte could still be used for legal arguments or administrative matters, she added, if he waives his right to be present.

Duterte not in court

Duterte did not attend the conference on Wednesday. He had earlier waived his right to appear, and the chamber accepted the waiver.

He is now represented by a new defense team, specifically British lawyer Peter Haynes as lead counsel and Kate Gibson as associate counsel.

Trial Chamber III is made up of Korner, Judge Keebong Paek and Judge Nicolas Guillou.

The next status conference will be on June 23, after which another will be held on July 14, Korner announced on Wednesday.

What the trial will look like

The prosecution told the chamber it plans to call between 60 and 70 witnesses, about 31 of them insider witnesses.

It also said it would apply by the end of August to add new incidents to the case. The defense said it will oppose any expansion of the charges.

Korner urged both sides to keep the trial short and focused. She told them to narrow their evidence, avoid unnecessary legal arguments, and rely 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.

She encouraged the parties to discuss the use of Rule 68, an ICC procedure that allows recorded statements and video testimony to be admitted instead of requiring live testimony for every witness.

The hearing went into private session twice — once during a discussion on evidence disclosure and ongoing investigations in the Philippines, and once during a discussion on witness protection.

A small world

Korner also disclosed her past professional ties with lawyers on both sides of the case.

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

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

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