The trial of former President Rodrigo Duterte at the International Criminal Court (ICC) could last more than a year but is unlikely to go beyond two years, his lead defense lawyer said as preparations have intensified for the proceedings scheduled to begin on 30 November.

British lawyer Peter Haynes, who took over Duterte’s defense team in May, said the duration of the landmark case would depend partly on the former president’s health and his ability to participate in the courtroom proceedings.

“I think it would be surprising if it were less than a year,” said Haynes in an interview after he met with Duterte who is in detention at the ICC in The Hague.

“But I would guess it won’t take as long as two years,” he added.

Duterte, 81, is facing crimes against humanity charges in connection with the killing of thousands of suspected drug pushers and users during his administration and before that during his term as Davao City mayor.

Haynes said Duterte’s physical condition could influence the pace of the proceedings.

“A lot of it may depend on how [much time] the former president can spend in the courtroom daily,” he said.

“Because I think he’s going to have to be there at some stages. And it may well be that he can’t endure too long a day,” he added.

The lawyer also disclosed that the ICC would continue to monitor Duterte’s fitness to stand trial through periodic medical assessments.

“The court has an ongoing duty to satisfy itself that he’s fit to stand trial,” Haynes said, adding that another review is expected in the coming months.

The issue of Duterte’s health surfaced during pretrial proceedings, with defense lawyers raising concerns over his age and medical condition.

The ICC judges subsequently ordered a continued monitoring to ensure he remains capable of participating meaningfully in his defense.

Haynes also addressed ongoing discussions regarding Rule 68 of the ICC Rules of Procedure and Evidence, which allows previously recorded testimony and documentary evidence to be admitted under certain circumstances.

While some Duterte supporters have viewed the rule as potentially prejudicial to the defense, Haynes said his team is not opposed to it in principle.

“At the end of the day, everybody wants the proceedings to go reasonably, smoothly and quickly, particularly given the age of the former president,” he said.

However, he raised concerns that prosecutors may submit a large volume of documentary evidence shortly before the trial, potentially making it difficult for the defense lawyers to adequately prepare.

“What we are concerned about is that these applications that will come in the immediate period before the trial will become overwhelming in their number,” he said.

“It’s not just a question of the interviews that people have given. It’s the large number of exhibits they might refer to or produce — videos, transcripts, diaries and the like.”

Despite the challenges, Haynes said the defense team was being expanded ahead of the trial and would field some of the most experienced lawyers to appear before the ICC.

“We will have a stronger team than has ever been assembled at the ICC, and we will approach this with real endeavor and energy,” he said.