THE Office of the Prosecutor at the International Criminal Court (ICC) has requested an extension of key deadlines in the pre-trial proceedings against former president Rodrigo Duterte, citing serious concerns for witness safety and procedural fairness.
In a redacted version of the filing submitted to Pre-Trial Chamber I on May 14, which was posted on the ICC website over the weekend, Prosecutor Karim A.A. Khan KC asked the chamber to extend until July 1 the deadline for disclosing materials from several unnamed witnesses cited in the warrant of arrest against Duterte.
The application also seeks to push the final deadline for requests to withhold witness identities under rule 81(4) to June 20 — 10 days before the general disclosure deadline.
Khan argued that the immediate disclosure of the witnesses' identities would create "an objective risk to their safety and well-being."
The document refers to consultations with the Security and Protection Unit, indicating that protective measures are underway and are expected to be in place by July.
"The Prosecution is proceeding on the basis that adequate protective measures can soon be put in place," the filing stated, asserting that the identities and materials of these witnesses can be safely disclosed "at the earliest opportunity, and no later" than July 1st.
Though the identities of the witnesses and the nature of their testimonies remain confidential, they are confirmed to be directly referenced in the arrest warrant issued against Duterte.
The request to delay the disclosure of certain materials and potentially withhold witness identities was not opposed by the defense, according to an email dated March 20, 2025.
That same day, the Chamber granted a preliminary extension of the disclosure deadline to May 9, 2025.
The chamber, presided over by Judge Iulia Antoanella Motoc along with Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera, had set July 1 as the final date for the prosecution to complete its evidence disclosure.
However, it also ordered that any applications for non-disclosure under rule 81(4) be submitted by May 23.
Khan wants to unify the deadlines to ensure more efficient proceedings, arguing that a single, later date would promote "judicial economy" and allow the chamber to consider all witness protection measures concurrently.
The prosecution emphasized that the deadline extensions are consistent with the rights of both Duterte and the witnesses involved.
Under Article 67(1) of the Rome Statute, accused persons are guaranteed fair and expeditious proceedings, while Article 68(1) mandates the court to protect the safety and privacy of victims and witnesses.
The prosecution cited its commitment to rolling disclosures and conducting investigations in ways that do not affect the confirmation of charges.
Duterte faces charges of crimes against humanity in connection with thousands of extrajudicial killings during his relentless war on drugs.
His arrest earlier this year marked a historic turn for the ICC, being the first former head of state from Southeast Asia to be detained on such charges.
While the exact content of the witness testimonies remains sealed, the materials are expected to be crucial in the confirmation proceedings.
Khan's application references precedents from other ICC cases, including those of Mahamat Said Abdel Kani and Bosco Ntaganda, where similar extensions were granted due to witness protection concerns.
The ICC has not issued a ruling on the latest extension request as of press time.