The International Criminal Court (ICC) has given prosecutors more time to submit key evidence in the crimes against humanity case against former President Rodrigo Duterte. The extension is meant to help ensure the safety of the witnesses before their identities are made public.

In a recent ruling, the ICC approved the prosecution’s request to extend the deadline for submitting documentary evidence — the basis for the arrest warrant against Duterte — to 1 July. It also gave prosecutors until 20 June to file requests to keep witness identities confidential.

The ICC’s Pre-Trial Chamber I noted that neither Duterte’s legal team nor the Office of Public Counsel for Victims — which represents the families affected by Duterte’s drug war — opposed the request. With no objections raised, the court approved the new timeline.

“The chamber considers that good cause is shown […] to grant an extension of the relevant time limits. Accordingly, the chamber hereby extends the time limit for the disclosure of the arrest warrant materials relating to the relevant witnesses mentioned in the request until 1 July 2025,” the decision dated 20 May read.

“Furthermore, the chamber hereby also extends the time limit for any applications for redactions not falling into the standard categories, non-disclosure of witnesses’ identities, or non-disclosure of entire items of evidence until 16 June,” the document said.

Earlier, lead prosecutor Karim Khan, currently on leave amid an ongoing probe into allegations of sexual misconduct, petitioned the chamber to delay the disclosure of the witnesses, citing concerns that “the immediate disclosure of their identities would give rise to an objective risk to their safety.”

The prosecution had argued that the deadline extension was reasonable and consistent with Duterte’s and the witnesses’ rights.

ICC assistant to counsel Kristina Conti, one of the lawyers of the drug war victims, underscored the importance of ensuring that protective measures were in place before their identities were revealed and they were “comfortable” about disclosing their identities and the content of their testimonies.

She raised the possibility of Filipino law enforcers standing as “insider witnesses” in Duterte’s looming pre-trial at the ICC, pointing out that this was not unusual as they have firsthand knowledge about the execution of policies and orders from the higher-ups.

Conti explained that these “insiders” would need to recount how the summary killings during Duterte’s bloody anti-drug campaign were carried out — including whether they were following orders from superiors and if they were paid for it.

“There will be witnesses [to] the incidents — either the victims or law enforcement agents. At the same time, they could be considered as ‘insider witnesses’ where they could talk about the patterns, instructions, and any actions taken before and after the incidents,” she said in an interview on Tuesday.

“We’re expecting a few law enforcement officers. I can’t say if they are on active duty still or are retired or resigned, but certainly the ICC has not presented any case without insider witnesses. So we’re pretty sure they have already talked to some,” Conti said.

In a congressional hearing last year, retired police colonel Royina Garma — allegedly Duterte’s trusted aide — said under oath that police were given cash incentives for killing drug suspects.

The monetary rewards, she said, ranged from P20,000 to P1 million, depending on the prominence of the target.

Further, Garma claimed the payout scheme was modeled after the “Davao template” allegedly developed during Duterte’s tenure as Davao City mayor.

Duterte himself had openly told lawmakers that he had urged police to get drug suspects to fight back to give them a reason to shoot. But he insisted that the officers shouldn’t be held accountable, saying that he alone should take responsibility for the widespread killings.

The government logged more than 6,000 deaths related to the anti-narcotics campaign, though rights groups estimated that the actual death toll probably exceeded 30,000, affecting predominantly low-income communities.

The 80-year-old Duterte has been under the ICC’s custody since his arrest on 11 March in Manila. He faces a single count of crimes against humanity in connection with 43 extrajudicial killings committed between 1 November 2011 and 16 March 2019, spanning his time as mayor of Davao City and as president.

The ICC argued that the period covered the time the Philippines was still a member of the Rome Statute, dismissing objections from critics that the court had no jurisdiction over Duterte since the country had withdrawn as a state party in March 2019.

The former president will remain in The Hague while awaiting the confirmation of charges hearing scheduled for 23 September.

Duterte’s lead legal counsel, Nicholas Kaufman, has said the application for the temporary release of the former president was in the works—a move the lawyers of the drug war victims asserted they will strongly oppose.