ICC allows prior witness testimony

The International Criminal Court (ICC) has allowed prosecutors to use the prior recorded testimony of witness P-1100 in the crimes against humanity case against former President Rodrigo Duterte, while limiting the prosecution to one hour of additional questioning when the witness appears in court.

In a decision dated 2 October, Trial Chamber III granted the prosecution’s application under Rule 68(3) of the ICC Rules of Procedure and Evidence, finding that P-1100’s evidence and reports were relevant to the “background and context” of the case.

The ICC uses P-1100 instead of a real name strictly for witness protection and security.

In high-profile international cases, especially those involving powerful political figures, state officials, or armed groups, witnesses face extreme risks of retaliation, intimidation, or violence.

The Chamber said allowing the prior testimony would also help shorten the proceedings by reducing the time prosecutors would need to question the witness.

“The Chamber is further satisfied that the introduction of P-1100’s prior recorded testimony will advance the expeditiousness of the proceedings,” the judges said.

But the chamber rejected the prosecution’s request for two hours of supplementary examination, saying the proposed period was excessive given the nature of P-1100’s evidence.