The International Criminal Court (ICC) Registry has announced the appointment of veteran lawyer Kate Gibson as associate counsel for former Philippine President Rodrigo Duterte, as his defense team seeks to delay the trial proceedings over concerns over his supposed deteriorating neurological condition.

In a five-page filing, the ICC Registry said Duterte’s newly appointed counsel, Peter Haynes, requested on 18 May that Gibson be formally added to the defense team.

Gibson, who previously served as co-counsel in cases involving former Congolese Vice President Jean-Pierre Bemba and former Liberian President Charles Taylor, joined lead counsel  Haynes following the withdrawal of Duterte’s earlier legal team.

Her appointment comes ahead of a 27 May status conference, where Trial Chamber III is expected to set key procedural timelines.

However, the defense and prosecution remain divided over the trial schedule. 

In a separate 14-page filing, Haynes argued that setting a trial date was premature without first reassessing Duterte’s fitness to stand trial, citing a progressive condition that affects memory and cognitive function.

Medical observations at the ICC Detention Centre reportedly noted episodes of imbalance and collapse, as well as “significant cognitive lapses,” including an incident where Duterte was unable to state the current date.

Prosecutors, meanwhile, are pushing for an expedited timetable, proposing the completion of witness and expert disclosures by 30 September and a 30 November trial start.

Trial Chamber III, presided over by Judge Joanna Korner, is expected to rule on the defense’s request for the appointment of independent medical experts during the 27 May hearing. 

ICC eyes 30 witnesses

ICC prosecutors plan to present testimony from 20 to 30 witnesses in the crimes-against-humanity trial of Duterte, court filings show.

In submissions to Trial Chamber III, the prosecution said it intends to rely on 60 to 70 witnesses overall, with 25 to 30 expected to testify in person. It estimated that direct examination alone could take 175 to 200 hours.

The prosecution also said it is still reviewing 13,284 items of evidence, on top of more than 5,000 already disclosed to the defense, and is targeting completion of investigations, transcripts, and expert reports by 30 September.

Duterte’s legal team has opposed setting a trial date, arguing the 79-year-old former leader’s condition continues to deteriorate and warrants a new assessment of his fitness to stand trial. They are seeking an independent medical evaluation and more time for preparation if he is deemed fit.