MANILA, Philippines — Former President Rodrigo Duterte appeared in person at the International Criminal Court on Wednesday for the first time since his virtual initial appearance in March 2025, as judges addressed the massive volume of evidence and testimony expected at his upcoming trial.
Duterte, 81, attended the third status conference before Trial Chamber III and sat quietly as judges and lawyers discussed how to manage hundreds of thousands of pages of documents, more than 1,000 audio and video files and an estimated 193 hours of prosecution witness testimony.
Presiding Judge Joanna Korner told Duterte at the start of the hearing that he could leave the courtroom at any time without asking permission, an accommodation related to his medical limitations.
Judges seek to streamline evidence
Korner said the chamber remained concerned about the amount of evidence and the length of the prosecution’s case, particularly because medical findings limit the number of hours Duterte can sit during proceedings.
“We’d like you to produce a key list of the key items of evidence, the ones that are really important,” Korner told prosecution trial lawyer Julian Nicholls.
The judge said the chamber wanted the prosecution to finish its case as quickly as circumstances allow while balancing efficiency with Duterte’s right to a fair trial.
Duterte’s lead counsel, Peter Haynes, said the prosecution had disclosed about 324,000 pages of evidence and more than 1,000 audio and video files. He said the materials represented roughly 62,500 prosecution evidence items and included thousands of hours of recordings.
Haynes also said the defense received about 35,000 items after an Aug. 31 disclosure deadline and criticized the organization of the evidence.
The defense is considering an artificial intelligence system to help process the material, Haynes said, estimating that such a system could cost about €500,000, or roughly $575,000.
Nicholls disputed Haynes’ characterization of the disclosure as inaccurate and exaggerated, while acknowledging that duplicate materials may exist.
Korner said the evidence had been digitized and made searchable, which could allow the defense to process the material more efficiently.
Chamber questions 193 hours of testimony
The chamber also questioned the prosecution’s estimate of 193 hours of direct examination.
Korner suggested reducing the number of witnesses, particularly expert witnesses whose testimony could overlap.
Judges and lawyers also discussed remote testimony and adjustments to hearing schedules for witnesses in Manila, which operates six hours ahead of The Hague.
The ICC has scheduled Duterte’s trial to start Nov. 30. Proceedings could continue through the Christmas period, resume in January and extend into March.
Defense challenges medical assessment
Duterte’s appearance also renewed attention on whether he can medically participate in the trial.
Court-appointed experts who recently examined Duterte concluded that he has the capacity to participate in the proceedings and exercise his right to a fair trial. The ICC has not publicly released the full medical report.
His defense has challenged parts of the assessment and requested additional examinations.
In filings with the chamber, Duterte’s lawyers said he continues to experience significant memory impairment that affects his ability to retain recent information, recall events and provide meaningful instructions to his lawyers.
The defense also questioned the experts’ reliance on Duterte’s performance during cognitive testing and argued that the reason for that performance remained unresolved.
The chamber previously ordered an additional medical assessment involving specialists in geriatric and behavioral neurology, forensic psychiatry and neuropsychology. The resulting findings allowed the case to move toward trial while permitting the defense to challenge the medical evidence.
Duterte was arrested in Manila on March 11, 2025, and transferred to The Hague the following day. He made his initial ICC appearance through a video link on March 14, 2025.
He did not personally attend the confirmation of charges hearings in February 2026 or the first two status conferences, with his defense citing his health condition.
The ICC has said the trial will begin Nov. 30 and that the chamber will take steps before then to ensure fair and efficient proceedings.
