The International Criminal Court (ICC) Trial Chamber III on Wednesday set 30 November as the start of the trial proper of former President Rodrigo Duterte on his crimes against humanity case. 

Initially, Presiding Judge Joanna Korner expressed a desire to postpone the scheduling of the trial date pending a fresh set of medical findings on his fitness to stand trial. However, the chamber later concurred with the parties to open the trial phase on 30 November.

The legal counsel of drug war victims staunchly opposed starting the trial of Duterte’s crimes against humanity case in January next year, arguing that the procedural window is “too long” and that the proceedings should its kickoff no later than November.

The victims’ camp initially proposed setting the actual trial as early as September, but ICC prosecutors suggested holding it two months later, in November. 

At the first status conference on Wednesday, Principal Counsel Paolina Massidda of the Office of Public Counsel for Victims told the chamber that they are willing to compromise with the condition that it would not extend beyond November.

“After the submission of the parties, we had further consultation with our clients. They are amenable to starting this trial on the 30th of November, which, at the moment, still seems to them a reasonable period of time. January 2027? No. For them, it’s too long…We can start the trial already in November,” Massida asserted. 

Duterte was not present in the courtroom after waiving his attendance, leaving the procedural hearing entirely with his two new lawyers — Peter Haynes and Kate Gibson. 

The defense initially opposed setting a trial date pending unresolved questions regarding Duterte’s health and fitness to stand trial. However, during the conference, Haynes said they are amenable to starting the trial three months after the prosecution ends the disclosure of evidence, or likely in late December.

“So that would all tend to suggest that the start of the trial could not be this year. We will be ready whenever you want it to start. But our anxiety is that there should not be a date [that] leaves us with perhaps one or two months after the end of prosecution disclosure,” Haynes told the chamber. 

“At the moment, it’s a bit difficult to set a schedule for the trial until we’ve had an up-to-date report. But it seems to be that because of his age and potentially, medical problems, there will be a day off,” Korner stressed.