ICC Duterte Trial: A Deep Dive into the Judges, the Path Ahead

ICC Duterte Trial: A Deep Dive into the Judges, the Path Ahead

By Bing Jabadan – TheNATIONWEEK.com | April 29, 2026

THE HAGUE, Netherlands – The International Criminal Court (ICC) Presidency has formally constituted the Trial Chamber responsible for the case of former Philippine President Rodrigo Duterte. This pivotal development significantly advances proceedings concerning alleged crimes against humanity.

The Judicial Architects of Justice

Trial Chamber III comprises three distinguished judges, each bringing a unique depth of experience:

Judge Joanna Korner (United Kingdom)

• The panel’s most seasoned member, Judge Korner commands over 45 years of experience in criminal law. Her illustrious career includes eight years as a senior prosecutor at the International Criminal Tribunal for the former Yugoslavia, where she led complex cases involving ethnic cleansing and mass atrocities. Prior to her 2021 ICC appointment, she served as a Crown Court judge in England and Wales, presiding over serious criminal matters. Notably, Judge Korner recently chaired the trial chamber that sentenced Sudanese militia leader Ali Kushayb to 20 years for war crimes and crimes against humanity in Darfur.

Judge Keebong Paek (South Korea)

• Judge Paek’s career began in 1992 as a public prosecutor in South Korea. He was instrumental in drafting the bill for South Korea’s ratification of the Rome Statute, the ICC’s foundational treaty, and represented his nation at preparatory ICC sessions. His experience also includes supporting member states through the United Nations Office on Drugs and Crime in implementing the UN Convention against Transnational Organized Crime. His doctoral research specifically focused on the law of evidence in ICC proceedings. Judge Paek commenced his inaugural nine-year term at the ICC on March 8, 2024.

Judge Nicolas Guillou (France)

• Judge Guillou’s judicial background includes a four-year tenure as a Pre-Trial Judge at the Kosovo Specialist Chambers, where he issued the arrest warrant for Salih Mustafa, a Kosovo Liberation Army commander later convicted of war crimes. He previously served as Chef de Cabinet to the President of the Special Tribunal for Lebanon and as a liaison prosecutor at the United States Department of Justice, having begun his career as an investigating judge in France. Judge Guillou also commenced his inaugural nine-year term at the ICC on March 8, 2024.

Crucially, none of these judges served on the pre-trial chamber that unanimously confirmed all three counts of crimes against humanity against Duterte on April 23. ICC rules mandate a fresh bench for the full trial, ensuring impartiality.

The Chamber’s Immediate Mandate and the Path Ahead

The ICC has announced that the newly constituted Trial Chamber will “promptly” convene status conferences with all parties and participants. These initial consultations are vital for setting the trial commencement date and establishing procedural guidelines to ensure fair and expeditious proceedings. The Chamber will also rule on preliminary issues, including the timing and manner of evidence disclosure.

Trial Chamber III will now receive the comprehensive case record, including all evidence, transcripts, and the 50-page decision confirming the charges against Duterte. Following this, the Chamber will schedule status conferences with the prosecution, defense, and victim representatives. Historically, the period between charge confirmation and trial commencement at the ICC ranges from six months to a year and a half.

Once the trial begins, former President Duterte will be required to appear in court. Over 500 relatives of those who perished in his anti-drug campaign have already been granted permission to attend the proceedings.

Confirmed Charges

The charges against former President Duterte encompass three counts of crimes against humanity: murder and attempted murder. These alleged offenses are considered part of a widespread and systematic attack against civilians in the Philippines between November 1, 2011, and March 16, 2019, spanning his tenure as Davao City mayor and subsequently as president.