MANILA, Philippines – The International Criminal Court’s (ICC) Pre-Trial Chamber III is preparing for significant logistical adjustments in the trial of former president Rodrigo Duterte as approximately 29 witnesses are set to testify through audio-visual link (AVL) from the Philippines.
“I can tell you right now it’s about 29 total,” Senior Trial Lawyer Julian Nicholls said when asked about the number of video-link witnesses expected to give evidence.
To preserve trial efficiency and manage courtroom presentation, Trial Chamber III Presiding Judge Joanna Korner instructed the prosecution to prioritize in-person testimonies before transitioning to remote links.
“For reasons that I needn’t go into, it is preferable that we hear live witnesses first and then AVL, if that’s possible,” she said.
Relying on remote witnesses located thousands of miles away introduces operational challenges, particularly due to the time difference between The Hague and the Philippines.
Director of the ICC Division of Judicial Services Marc Dubuisson cautioned that the schedule established for initial proceedings would prove unsustainable once AVL testimonies start.
“For video link witnesses, the schedule, the way you have set it out for the first block is quite a challenge for us given the time differences,” Dubuisson explained to the chamber.
“So we have to start earlier… so as to conclude early enough. So if we do seven hours in front or behind, we have to finish by 8 p. m. there. So, if a hearing ends at 13 hours here, then it does not fit into your schedule.”
He said that to avoid running past 8 p.m. in the Philippines, the Chamber must restructure its daily routine.
To accommodate the geographical constraints, Dubuisson said the trial may need to move as early as 8am (3pm PH time).
However, Duterte’s counsel, Peter Haynes, said the proposed shift in court hours raises additional logistical considerations regarding daily transport from the ICC detention in Scheveningen.
“Obviously there are a lot of moving parts to get the court working at perhaps eight o’clock in the morning, one of which is the delivery of the accused from the detention center,” Haynes told the chamber, adding, “I’m not instructed as to how feasible that is.”
In response, Korner said operational units would need to adapt to ensure trial continuity.
“I think obviously the detention units and everybody else is just going to have to, you know, fall in with what’s necessary,” the presiding judge stated.
The court directed the prosecution to submit a detailed breakdown via email outlining the specific timeline, estimated duration, and potential procedural issues for each planned video-link witness.
Registry officials confirmed that preparations for remote testifying capabilities remain fully on track. /gdg