ICC Prosecutor seeks to delay disclosure of witnesses in Duterte case

The Office of the Prosecutor at the International Criminal Court (ICC) has requested a pre-trial chamber to extend the deadline to disclose materials from witnesses cited in the warrant of arrest against former President Rodrigo Duterte. 

In a seven-page document dated May 14, signed by then ICC chief prosecutor Karim Khan, the Prosecution sought to delay the disclosure deadline until July 1, 2025—-the date set to complete the disclosure process.

Likewise, the Prosecution requested that the final deadline to apply to the Chamber to withhold the identity of witnesses be extended until June 20, 2025.

The Prosecution has stressed that the immediate disclosure of the witnesses’ identities “would give rise to an objective risk to their safety.”

“For this reason, and in the interests of judicial economy, the Prosecution respectfully requests that the deadline for all applications pursuant to rule 81(4) is extended until 20 June 2025. Should the Prosecution assess that a non-disclosure application is necessary, a single deadline would also allow for the Chamber to decide on all applications concurrently, with full appreciation of the impact of any such potential applications,” the document read.

The Prosecution pointed out that both of the requested extensions are “reasonable and consistent” with Duterte’s rights and the rights of the witnesses.

It noted that the July 1 extension of the disclosure deadline for the arrest warrant materials “would be consistent with, and indeed earlier than, the final deadline for disclosure set in recent cases” and is well within the minimum 30-day notice period required.

Meanwhile, the extension to make applications to withhold witness identities “would be consistent with those ordered during the pre-trial phase in recent cases.”

“Consistent with the Chamber’s Order, the Prosecution is making every effort to conduct its investigative activities in a way that will not affect the disclosure process or the conduct of the confirmation of charges proceedings, and will continue to expeditiously discharge its disclosure obligations as soon as practicable and on a rolling basis, and not only on the disclosure deadlines issued by the Chamber,” the document added.

Duterte was arrested in the Philippines by local authorities on March 11, based on a warrant of arrest issued by the ICC.

He is currently detained in the Scheveningen Prison in The Hague for charges of crimes against humanity for the extrajudicial killings during his administration’s war on drugs.

The chamber scheduled the hearing on the confirmation of the charges on September 23, 2025.—AOL, GMA Integrated News