THE HAGUE – Prosecutors at the International Criminal Court (ICC) have proposed starting the trial of former Philippine president Rodrigo Duterte on November 30, 2026, in connection with crimes against humanity charges linked to his administration’s war on drugs.

In a report, it said that in a submission ahead of the first status conference on May 27, the prosecution said it expects to complete all pre-trial requirements by September 30, 2026, allowing the trial to proceed on the proposed date.

“The proposed date for the start of trial will allow the prosecution to efficiently discharge its disclosure and other pre-trial steps… and will consequently likely prevent problems arising during the trial which could cause delay,” the prosecution said.

The Common Legal Representatives of the Victims, meanwhile, suggested an earlier start of proceedings in September 2026, citing the need for both expeditious proceedings and the rights of victims and potential participants in the case.

However, Duterte’s defense team opposed fixing a trial date at this stage, saying it would be premature given unresolved issues regarding his fitness to stand trial.

“The defense contends that it would be inappropriate to attempt to set a date for the commencement of trial as matters presently stand since certain extraneous and unresolved factors will inevitably bear upon that decision,” defense counsel Peter Haynes said.

Haynes said Duterte’s condition “continues to deteriorate and will need more fully to be reviewed before any trial may commence,” adding that the defense plans to request evaluation by independent medical experts.

He also raised the possibility of further hearings on whether Duterte must be physically present throughout the proceedings, noting the former president’s age and health condition.

“In light of Mr. Duterte’s advanced age and medical condition, any requirement that he attend hearings in person would likely necessitate significant health-related accommodations, with potential implications for the expeditious conduct of the proceedings,” he said.

The defense further argued that trial participation requires sustained cognitive ability to follow evidence and communicate with counsel effectively.

“In this context, sustained cognitive endurance assumes particular importance,” Haynes said, warning that any impairment could affect Duterte’s ability to participate meaningfully in his defense.

He also noted that in other ICC cases, trial proceedings began 14 to 19 months after confirmation of charges, and requested access to a provisional witness list and summaries of expected testimony.

The prosecution said it expects to call 25 to 30 witnesses for oral testimony out of a total of 60 to 70 witnesses, including experts on topics such as policing methods, forensic science, and statistical analysis of drug war killings.

It estimated that direct witness examination could take between 175 and 200 hours, and said it may also present audio and video recordings of Duterte’s speeches and public statements.

Duterte has been detained at the ICC detention facility in The Hague since March 12, 2025. He has denied the allegations and questioned the tribunal’s jurisdiction, although the ICC maintains it has authority over crimes committed before the Philippines’ withdrawal in 2019.