Duterte’s ICC trial: Prosecutors seek protection for 55 witnesses

MANILA — Prosecutors at the International Criminal Court (ICC) have formally requested special in-court protective measures for 55 witnesses ahead of the upcoming trial of former president Rodrigo Duterte, arguing that shielding their identities and testimonies was essential due to “an objectively justifiable risk” to their safety and physical and psychological well-being.

In a redacted court filing dated Nov. 5, 2026, the Office of the Prosecutor petitioned Trial Chamber III for various safety arrangements, including pseudonyms, face and voice distortion, closed-door sessions, and psychological support to ensure individuals can testify freely.

The prosecution expects to present evidence from roughly 78 witnesses, with 69 giving direct or supported oral testimony.

According to the 11-page filing signed by Deputy Prosecutor Mame Mandiaye Niang, the prosecution categorized the vulnerable witnesses into six distinct groups: insider witnesses residing in the Philippines, crime-base witnesses in the Philippines, witnesses subjected to specific redacted conditions, witnesses residing abroad, individuals admitted into the ICC Protection Program (ICCPP), and ICC prosecution staff members.

The prosecution stressed that the proposed precautions strike a balance between safeguarding witness security and upholding the legal rights of the accused.

“Mr Duterte will not be unfairly prejudiced by the measures requested,” the prosecution stated in the filing. “The measures sought are proportionate and constitute the least restrictive means necessary to fairly balance Mr Duterte’s right to a fair and public trial against the Court’s competing obligation to protect the interests of victims and witnesses who appear before it.”

A primary focus of the prosecution’s request involves “insider witnesses” based in the Philippines whose accounts directly address extrajudicial killings carried out during Duterte’s tenure as mayor of Davao City and president of the Philippines.

Prosecutors noted that evidence provided by these individuals would cover sensitive details regarding “the implementation of the alleged policy to ‘neutralise’ persons in the Philippines who were perceived or alleged to be involved in drug-related and other crimes through violent crimes including murder.”

The prosecution also argued that the testimony of insider witnesses could implicate another suspect wanted by the ICC, former Philippine National Police chief and sitting Sen. Ronald “Bato” Dela Rosa, who remains at large and “maintains sufficient influence and support in the Philippines to evade arrest.” 

Prosecutors argued that the recent unsealing of Dela Rosa’s arrest warrant had heightened the risk profile for individuals cooperating with the court.

To safeguard the 55 witnesses, the prosecution requested the following primary levels of protection. 

• For identity shielding, the use of pseudonyms along with image and voice modulation during public broadcasts 
• Closed or Private Sessions for specific sensitive portions of testimony, as well as full closed sessions for highly vulnerable insider and crime-based witnesses to prevent public disclosure 
• Psychological and Emotional Support where in-court assistance during proceedings to minimize emotional trauma while testifying

For several crime-base witnesses who suffered or witnessed severe violence in the Philippines, prosecutors requested complete closed sessions for their entire testimony, noting that “withholding their identities from the public will allow them to avoid recounting their experiences … to members of the public, friends, colleagues, or even family members, who learn about those experiences as a result of the witnesses’ testimony.”

The prosecution argued that concrete, direct threats against an individual were not a strict prerequisite for granting protective orders under ICC jurisprudence.

“The Court’s jurisprudence makes clear that direct threats are not required to establish an objectively justifiable risk,” the document noted, citing decisions in previous cases. 

The prosecution added that “the security situation in a particular territory may be pertinent when considered in relation to the circumstances of a particular witness.”

Addressing potential objections from Duterte’s defense team, prosecutors emphasized that defense counsel would receive the full, unredacted identities of the protected witnesses.

“The accused has been given the full identifying details for these and is able, therefore, to deal with their evidence without restriction,” the document read. 

This measure ensures the defense retains the ability to conduct independent investigations and effectively cross-examine witnesses during trial.

“The requested measures will not prejudice Mr Duterte,” the prosecution wrote. “Mr Duterte will have the same opportunity and ability to question the concerned witnesses as if their identities were publicly known and the Defence is not prevented from conducting its own enquiries to test the prospective evidence.”

The filing also confirmed that protective measures will continue for ICC prosecution staff members designated as P-1439 and P-1440, who are set to take the stand during the trial.

Trial Chamber III is expected to rule on the prosecution’s request ahead of the opening statements on Nov. 30.