May 18, 2026
MANILA – The legal team of former President Rodrigo Duterte has asked the International Criminal Court (ICC) to delay the start of trial proceedings for up to 19 months after the April 23 confirmation of charges, saying it needs more time to prepare its case over allegations tied to the bloody antidrug campaign.
In a filing before ICC Trial Chamber III, Duterte’s lead counsel, Peter Haynes, cited previous ICC cases in which trial began 14 to 19 months after confirmation of charges, potentially moving the former President’s trial to between June and November 2027.
The proposed timetable contrasts sharply with the prosecution’s request to begin trial by Nov. 30, 2026, or less than eight months after the confirmation proceedings.
Haynes said it would be “inappropriate” to set a trial date now because of “extraneous and unresolved factors” that could affect the proceedings.
He said the chamber should first determine Duterte’s fitness to stand trial, noting that while an assessment had been conducted during the pretrial phase based on written reports, the former president’s condition “continues to deteriorate and will need more fully to be reviewed before any trial may commence.”
‘Rights of victims’
The filing was Haynes’ first submission since replacing Nicholas Kaufman as Duterte’s lead counsel earlier this month.
Haynes argued that the prosecution’s proposed schedule was “unrealistic” given the volume of evidence, complexity of the case, and need to review witness statements and supporting material.
“The defense requires sufficient time to conduct independent investigations, assess disclosure materials, and ensure the accused’s right to adequate preparation,” he said.
The Office of the Prosecutor (OTP), however, said an earlier trial date was necessary “in the interest of judicial efficiency and the rights of victims awaiting proceedings.”
Prosecutors said they expect to complete all pretrial steps by Sept. 30.
Witnesses, evidence
Duterte faces charges of crimes against humanity involving murder and attempted murder allegedly committed between 2011 and 2019 during his tenure as Davao City mayor and later as Philippine president.
The prosecution said it expects to present 60 to 70 witnesses, with 25 to 30 expected to testify in court. Direct examination could take between 175 and 200 hours.
Prosecutors also said they intend to present at least 619 documentary and nontestimonial evidence items during the preconfirmation proceedings, including around 197 speeches and public statements by Duterte, along with transcripts and translations.