How close is the Duterte case to trial? ICC schedules first status conference

Dubai: The International Criminal Court (ICC) has moved a step closer to organising the trial of former Philippine president Rodrigo Duterte, setting a first status conference for May 27.

The hearing is not the trial itself, but a planning session where judges and lawyers discuss how the case will move forward, what evidence will be used, and when the trial could begin. The court has ordered all parties to submit their views by May 15.

“To facilitate the preparation of the first status conference and to enable the chamber to set the trial date in this case, the chamber seeks submissions from the parties and participants,” read the order.

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What the ICC wants to know

Before any trial date is fixed, judges want a clear picture of how big and complex the case will be.

They have asked the prosecution to explain how many witnesses it plans to call, how long they may testify, and whether experts will be used. The court also wants to know if some witnesses will give evidence remotely through video or audio link.

Moreover, the judges want an estimate of how much documentary evidence will be presented, including files, reports, and other non-testimonial material.

Another key point is whether both sides agree on any facts. If they do, those issues do not need to be argued in court, which can make the trial shorter. 

The court has asked for details on the languages that will be used during the trial, including interpretation needs for witnesses and lawyers.

Evidence and witness protection

Another focus is how and when evidence will be shared between the prosecution and defence.

The ICC has asked whether investigations are still ongoing and when any remaining evidence will be disclosed.

It is also looking closely at witness safety. The court has requested information on possible protection measures, including keeping identities secret, redacting sensitive details, or delaying disclosure in some cases. 

Additionally, the order asks whether any witnesses’ names have been withheld from the defence so far, and how such information will be handled going forward.

Defence role at this stage

At this point, the defence must disclose whether it plans to “advance a defence” in accordance with the rules.

Both sides must estimate how long their opening statements will take and identify any legal issues that must be decided before the trial can begin.

The court is also asking for updates on victims who may be allowed to participate in the case, which is a feature of ICC proceedings.

“Should the parties and participants know of any matters which may delay the start of the trial or which should be resolved before the status conference, they should promptly bring these to the chamber’s attention,” wrote the order.

Duterte detention still under review

In a separate order, the ICC has asked both sides to submit observations on Duterte’s continued detention by May 8.

He has already been denied interim release several times. His detention was first upheld in September 2025, confirmed again by the appeals chamber in November 2025, and continued after a January review this year. That decision was also upheld last March.

Now, judges are asking whether anything has changed that could justify his release, with or without conditions. Under ICC rules, detention must be reviewed regularly, at least every 120 days.

“The chamber considers it necessary to give the parties and participants the opportunity to submit any observations they may have regarding the accused’s continued detention or release, with or without conditions, including the existence of any changed circumstances.”

Defence challenges the charges

Meanwhile, Duterte’s legal team is also trying to appeal the decision that confirmed the charges against him.

They argue that the judges used an approach that was too broad when defining the charges. In their filing, they have mentioned that the court adopted an “impermissibly ‘flexible’ approach to the formulation of the charges,” which they claim makes it unclear what exactly Duterte is accused of.

“The pre-trial chamber relied on irrelevant considerations, namely, the ‘limitations inherent to its statutory role’ and an asserted prosecutorial ‘prerogative to expand and vary the evidentiary basis relied upon following confirmation,’ which find no basis in the Rome Statute,” stated Nicholas Kaufman, counsel of the former Philippine president.

Further, the defence has argued that the judges did not properly explain how the evidence supports the charges, saying the court “accepted the prosecution’s case at face value” without fully examining key defence arguments.

What happens next

The ICC will review all submissions in May, before the status conference on May 27. At that meeting, judges are expected to get a clearer picture of the case and may decide on when the trial could start, whether Duterte stays in detention, and whether the defence can appeal the charges.

For now, the case is still in the preparation stage, but the latest orders show that the court is actively moving towards setting up a full trial framework.