Prosecutors at the International Criminal Court (ICC) have requested in-court protective and special measures
for 55 witnesses ahead of the trial of former Philippine president Rodrigo Duterte, which is scheduled to begin on November 30, 2026.
The application, filed by Acting Prosecutor Mame Mandiaye Niang, seeks to ensure the safety and privacy of individuals providing evidence in the crimes against humanity case. The prosecution has divided these 55 witnesses into six categories: insider witnesses living in the Philippines, crime-based witnesses in the Philippines, witnesses in the Philippines, witnesses residing abroad, those in the ICC Protection Program, and prosecution staff members.
Protective measures for witnesses
Prosecutors stated there is an objectively justifiable risk
to the witnesses, noting that some individuals have made their cooperation contingent upon being provided anonymity. The prosecution filing argues that these stringent measures will ensure witnesses can provide evidence freely without fear for their personal safety or the security of their families.
The requested protections include the use of pseudonyms, face and voice distortion, and the use of closed or private sessions. The court has also received a separate request to protect the identity of witness P-1400, an expert whose report is currently being challenged by the defense.
For witness P-1439, prosecutors have cited the court’s Regulation 42(1), requesting that protective measures applied in previous proceedings remain in effect for the upcoming trial.
Expansion of evidence and witness accounts
In addition to the request for protective measures, prosecutors have filed multiple applications to admit previously recorded testimony under Rule 68(3) of the ICC Rules of Procedure and Evidence. On October 28, the prosecution sought to introduce evidence from witnesses P-0019, P-1032, and P-1409.
These witnesses provided accounts regarding the Davao Death Squad (DDS), describing it as an “organization” with a specific system and culture. Their evidence relates to the targeting of alleged criminals, the use of Laud Quarry as a burial site, and the role of cash incentives allegedly distributed by handlers such as Sonny Buenaventura.
A separate request involves witnesses P-0004, P-0014, and P-1371, whose testimonies are described as internally consistent and corroborative
regarding the pattern of violence used against suspects by the Philippine National Police and non-police assets. Another application covers witnesses P-0025 and P-1382, who provide details on the rise in killings during Duterte’s presidency and contradictions in police self-defense claims.
Defense counsel challenges expert report and evidence deadlines
Duterte’s lead defense counsel, Peter Haynes, has opposed several prosecution requests. Haynes has challenged the introduction of the expert report from P-1400, arguing it contains documents from third parties that the witness did not comprehensively examine.
The defense also urged the court to block the report because it was submitted after the evidence deadline. Trial Chamber III has not yet ruled on these objections, nor on the other pending requests to admit recorded testimony.
The court has also granted the prosecution a total of 150 hours to present and examine evidence. While the Philippine National Police stated they are prepared to provide security for witnesses, PNP Chief Gen. Jose Melencio Nartatez Jr. noted the force has yet to receive formal communication from the ICC regarding the matter.