The Office of the Prosecutor of the International Criminal Court (ICC) requested the Pre-Trial Chamber I (PTC I) to extend the deadlines of the submission of key evidence materials and witnesses’ identities in the crimes against humanity case against former president Rodrigo Duterte, citing witness safety and “judicial economy” as reasons.

In a seven-page document uploaded on the ICC website dated May 14 and signed by then chief prosecutor Karim Khan, the prosecution sought that the deadline to disclose materials from witnesses cited in the warrant of arrest against Duterte be extended to July 1, the general disclosure deadline.

It also asked for the final deadline to apply to the Chamber to withhold the identity of witnesses be extended until June 20, from the initial deadline of May 23.

“Nevertheless, the Prosecution, consistent with its duties under article 68(1) of the Rome Statute (“Statute”) and rule 87 of the Rules, and in consultation with its Security and Protection Unit (“SPU”), assesses that the immediate disclosure of their identities would give rise to an objective risk to their safety,” the prosecution said.

“The Prosecution is proceeding on the basis that adequate protective measures can soon be put in place, which will allow for the standard disclosure of the [REDACTED] Witnesses’ identities and materials at the earliest opportunity, and no later than 1 July 2025,” it added.

For the safety of the witnesses and “in the interests of judicial economy,” the prosecution said that the deadline for “all applications” to withhold the identity of witnesses be pushed until June 20.

“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,” it stated.

The prosecution stressed that both of the requested extensions “are reasonable and consistent with Mr Duterte’s rights under article 67(1), and the rights of witnesses under article 68(1) of the Statute.”

The extension to July 1 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.

The request to extend the time to apply to withhold witness identities is also consistent with “with those ordered during the pre-trial phase in recent 12 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 prosecution stated.

Duterte is scheduled to face the PTC I on Sept. 23 for the confirmation of charges proceedings.

Aside from the request to extend the deadlines for the submission of evidence and to withhold witnesses’ identities, the Chamber would also need to decide on the jurisdiction challenged filed by the defense team.