February 23, 2026
THE HAGUE – A pretrial chamber of the International Criminal Court (ICC) has denied the request of the lawyers of former President Rodrigo Duterte for the prosecution to reveal certain information about witnesses, including their willingness to testify should the case proceed to trial.
According to the Pre-Trial Chamber (PTC) I, while the publicity of the pretrial proceedings is a “well-established principle,” as shown in the previous rulings in the ICC, it is “not absolute” and should be weighed against the need to protect the safety, well-being and privacy of victims and witnesses, as guaranteed in the Rome Statute.
The chamber issued the ruling in response to the defense’s February 16 request to disclose more information on the prosecution’s witnesses in the spirit of “transparency” and “publicity” of the proceedings ahead of the much-anticipated confirmation of charges hearing starting Feb. 23 before the ICC.
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The defense, led by lawyer Nicholas Kaufman, argued that they would be limited to challenging the prosecution’s evidence included in the redacted version of the document containing charges (DCC) only in “closed or private sessions.”
It also pointed out that the information it sought to be disclosed was known information in the Philippines anyway.
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Risk of jeopardizing witnesses
But the chamber agreed with the prosecution’s argument that lifting the redactions in the DCC and pre-confirmation brief, which detailed Duterte’s charges of three counts of murder, would jeopardize the security of the victims and witnesses.
“Contrary to what the defense implies… the right to a public trial and the principle of publicity of the proceedings does not equate to an absolute right for the public to know all the details of a case or for the defense to present its arguments fully in public session, to the detriment of the integrity of the proceedings and the safety of those involved,” the chamber said in its six-page decision dated Feb. 20.
“In the view of the chamber, whether some of the information requested to be disclosed to the public is allegedly already public information in the Philippines does not negate the risks imposed on the relevant individuals and their families should the information be confirmed or not, which might also heighten such risks,” the three-member PTC I stressed.
The court said that the redacted information does not prevent the defense from challenging the “reliability and admissibility” of the other party’s evidence during the hearing.
‘Respect professional secrecy’
Invoking the ICC’s Code of Professional Conduct, the PTC reminded Kaufman and the rest of the defense lawyers to “respect professional secrecy and confidential information at all times,” including during the conduct of the confirmation of charges hearing.
“As such, counsel has a duty to ensure that his oral submissions, taken in isolation or holistically, do not directly or indirectly reveal any confidential information, and to request that part of the hearing be held in private session should counsel intend to address such information,” it noted.
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The PTC I decision is among the last round of hearings that the chamber resolved on the last working day before the start of the pre-trial hearing, where parties and participants to the case would present their arguments and merits on the case for the court to determine whether there is sufficient basis for the charges against Duterte to proceed to trial.
The chamber also rejected the defense’s bid to disqualify Filipino lawyers Joel Butuyan and Gilbert Andres in the case. It, however, granted Duterte’s request, through a written waiver, to skip the hearing, citing his health issues and lack of ICC’s jurisdiction over him.
Duterte, who remains detained at the Scheveningen prison complex, faces charges of crimes against humanity in connection with the murder and attempted murder of 78 individuals in the context of his so-called war on drugs.