International Criminal Court (ICC) prosecutors have started submitting the roster of individuals who will stand as witnesses against former President Rodrigo Duterte in his upcoming trial for crimes against humanity tied to his bloody drug war.

The prosecution identified the witnesses only by their pseudonyms. No further explanation was provided, although prosecutors are using this practice to ensure the safety of the witnesses ahead of the trial proper set to begin on 30 November.

The submission, dated 29 June, said the list was provisional and “the number of witnesses is likely to increase in light of the prosecution’s ongoing investigations.”

In addition, the prosecution also furnished Trial Chamber III with a provisional list of the evidence aimed at strengthening its case against Duterte.

Both documents were filed as confidential because they contained “sensitive witness information.”

Deputy Prosecutor Mame Mandiaye Niang informed the court that they will submit the final list of witnesses by 31 August, including additional details about them.

Minimum possible

“This will include, inter alia, whether the prosecution intends to call the witness pursuant to Rule 68 of the Rules of Procedure and Evidence, as well as a summary of the witnesses’ testimonies,” the submission read.

Previously, Niang disclosed that the prosecution intended to present 60 to 70 witnesses at the trial, subject to further investigation and the possible inclusion of additional witnesses.

These include 31 insider witnesses, 17 crime-base witnesses, and 12 witnesses “who are relevant to explain the background and the contextual elements of the crimes charged.”

Trial Chamber III Presiding Judge Joana Korner earlier advised the prosecution and the defense to streamline their presentation of evidence and keep it to a “minimum possible,” citing Duterte’s advanced age and health condition.

Duterte, 81, is facing three counts of crimes against humanity for the alleged murder of 78 individuals, including six children, suspected of involvement in the drug trade from 2013 to 2018, spanning his tenure as Davao mayor and as president.

The charges also cover the summary killings purportedly committed by the so-called Davao Death Squad, which ICC prosecutors alleged was founded and headed by Duterte.

In person

While Duterte had been allowed to skip relevant ICC proceedings in the past, including the two status conferences on 27 May and 24 June, he will be required to appear in the courtroom during the actual trial in November under ICC rules.

Trial Chamber III has ordered a court-appointed panel of experts to reevaluate Duterte’s physical and mental capability to attend the proceedings, amid repeated claims by his lawyers that he is unfit to stand trial.

In January, a separate panel of experts found that Duterte was capable of attending the proceedings, contradicting the defense’s claim of cognitive impairment and unexplained weight loss due to his advanced age.