The Tamesis
February 23, 2026
The Hague – The International Criminal Court (ICC) Pre-Trial Chamber rejected a request by former President Rodrigo Duterte’s lawyers for prosecutors to disclose certain information about witnesses, including their willingness to testify if the case goes to trial.
Pre-Trial Chamber 1 (PTC) said that while the publicity of pre-trial proceedings is an “established principle”, as previous ICC rulings have shown, it is “not absolute” and should be weighed against the need to protect the safety, welfare and privacy of victims and witnesses guaranteed by the Rome Statute.
The Chamber’s ruling came in response to a request by the defense on 16 February to disclose more information about prosecution witnesses, in the spirit of “transparency” and “openness” in the proceedings, before the ICC’s much-anticipated confirmation hearings on charges begin on 23 February.
READ: ICC bans in-person visits to Duterte during hearings – family
The defense, led by attorney Nicholas Kaufman, argued they could only challenge prosecution evidence contained in a redacted version of the document containing the charges (DCC) “in closed doors or in private meetings.”
It also noted that the information it sought to disclose was in any event already known to the Philippines.
Why Singapore retailers are feeling the squeeze from Chinese brandsbusiness times
Risk of endangering witnesses
But the chamber agreed with the prosecution’s argument that canceling the DCC and changes in the pre-confirmation brief detailing Duterte’s three counts of murder would jeopardize the safety of victims and witnesses.
“Contrary to what the defense implies… the right to a public trial and the principle of openness of proceedings do not amount to an absolute right for the public to know all the details of the case or for the defense to fully present its arguments in a public meeting, which compromises the integrity of the proceedings and the safety of those involved,” the chamber said in a six-page decision on February 20.
“In the Chamber’s view, whether some of the information requested to be disclosed to the public is purportedly already public information in the Philippines does not negate, and may exacerbate, the risk to the individuals involved and their families if the information is confirmed,” stressed the three-member PTC I.
The court said the redacted information did not prevent the defense from questioning the “reliability and admissibility” of the other party’s evidence at the hearing.
“Respect professional confidentiality”
Citing the ICC’s Code of Professional Conduct, the PTC reminded Kaufman and other defense attorneys to “respect professional secrecy and confidential information at all times,” including during the conduct of confirmation hearings.
“It is therefore the duty of counsel to ensure that his oral submissions, whether taken individually or taken as a whole, do not disclose, directly or indirectly, any confidential information and to require that parts of the hearing be held in private where counsel intends to deal with such information,” it states.
READ: ICC approves Duterte’s request to skip hearing
The PTC I ruling was one of the final rounds of hearings before the tribunal settled on the last working day before the start of pre-trial hearings, where parties and participants in the case will present their arguments and merits in order for the court to determine whether the charges against Duterte have sufficient basis to proceed to trial.
The chamber also rejected the defense’s request to disqualify Filipino lawyers Joel Butuyan and Gilbert Andres from the case. However, it agreed through a written waiver to Duterte’s request to skip the hearing, citing his health issues and the lack of ICC jurisdiction over him.
Duterte remains in Scheveningen prison, facing charges of crimes against humanity for the murder and attempted murder of 78 people in the so-called war on drugs.
