ICC prosecutor: Begin Duterte trial on November 30

MANILA, Philippines — The Office of the Prosecutor of the International Criminal Court (ICC) wants the trial of former president Rodrigo Duterte to begin on Nov. 30.

In a 17-page observation submitted ahead of the case’s first status conference this month, ICC deputy prosecutor Mame Mandiaye Niang said that they expect to complete all of the necessary pre-trial steps by the end of September.

“Consequently, the Prosecution proposes that the trial be set to commence on Monday, Nov. 30, 2026 which would then provide for a period of two months prior to the commencement of the trial,” he said.

“With the exception of the Al Mahdi case, which was subject to a plea agreement, the proposed timeframe would result in this being one of the fastest cases to go to trial following the decision on the confirmation of charges,” he added.

The deputy prosecutor was referring to the case of Ahmad Al Faqi Al Mahdi, who admitted guilt to the war crime charges over the destruction of historical and religious monuments in Mali. His trial opened on Aug. 22, 2016, five months after the charges were confirmed.

The crimes against humanity charges against Duterte were confirmed on April 23, 2026.

The former president’s new lead defense counsel, Peter Haynes of Britain, says it is “inappropriate to attempt to set a date for the commencement of trial” due to unresolved factors.

Haynes plans to revisit the issue of Duterte’s fitness to stand trial, citing the former president’s deteriorating condition.

The ICC Pre-Trial Chamber I earlier found Duterte fit to participate in pre-trial proceedings, based on the findings of an independent panel of medical experts.

The case is now with the Trial Chamber III, which is composed of a different set of judges.

“Trial proceedings differ fundamentally from pre-trial proceedings in their duration, complexity and evidentiary scope,” Haynes told the trial chamber.

“A trial requires the accused to follow extensive oral and documentary evidence over a prolonged period, maintain sustained communication with his defense team, provide instructions, and engage continuously with the evolving evidentiary record,” he added.

If Duterte is found fit to stand trial, Haynes said the defense would “require sufficient time to prepare its case.”

He noted other cases wherein it took 14 to 19 months from the confirmation of charges before trial commenced.

The Common Legal Representatives of the Victims (CLRV), meanwhile, believe that it is feasible for the trial to start at the beginning of September 2026.

“Victims have consistently conveyed their wish for the trial to start as soon as practicable. Throughout meetings with the CLRV, the Victims reiterated the importance of expeditious trial proceedings and voiced their firm opposition to any delay in the commencement of the trial,” the victims’ lawyers said in a separate filing.