The ICC Trial Opens November 30: How Filipino Victims Take Part

Victim participation at the ICC is a formal legal status with an application process — not a public gallery. Here is how it works.

Last reviewed: August 26, 2026General legal information, not legal advice
News hook: On April 23, 2026, ICC Pre-Trial Chamber I unanimously confirmed all charges against Rodrigo Roa Duterte — three counts of crimes against humanity — and committed him to trial, finding substantial grounds to believe he is responsible for murder and attempted murder committed as part of a widespread and systematic attack against a civilian population in the Philippines between 1 November 2011 and 16 March 2019. On 27 May 2026, Trial Chamber III scheduled the opening of trial for 30 November 2026. 539 victims were authorized to participate in the February 2026 confirmation hearing.

Legal question

How does a Filipino affected by the drug war actually take part in the ICC proceedings — what is the application process, what does participation give you, and when do reparations become possible?

Applicable laws and rules

Why this matters

For the families of those killed in the anti-drug campaign, the ICC proceeding is the only forum currently examining the campaign as a whole rather than as isolated cases. Domestic prosecutions have addressed individual killings; the ICC charge is that those killings formed a widespread and systematic attack.

Participation at the ICC is genuinely different from a domestic criminal case. Philippine criminal procedure treats the private complainant primarily as a witness, with a civil claim attached. The Rome Statute creates a distinct legal status for victims, with their own legal representatives, the right to have views and concerns presented at stages the Court determines, and a separate reparations regime.

It is also procedural and deadline-driven. Applications are assessed by a specific Registry section, admitted by chamber decision, and tied to phases of the case. With trial opening on 30 November 2026, the practical question for affected families is how and when to apply.

Where the case stands

The procedural history matters for understanding what comes next.

On the jurisdictional question that dominated earlier coverage: the Philippines' withdrawal from the Rome Statute took effect in March 2019, but under Article 127 a withdrawal does not affect the Court's jurisdiction over conduct that occurred while the State was a party, nor does it discharge cooperation obligations in proceedings already commenced. That is why the charged period ends on 16 March 2019 — the eve of the withdrawal taking effect.

Who counts as a victim

Under Rule 85 of the ICC Rules of Procedure and Evidence, "victims" means natural persons who have suffered harm as a result of the commission of any crime within the jurisdiction of the Court. It can also include organizations or institutions that have sustained direct harm to property dedicated to religion, education, art, science, or charitable purposes, or to historic monuments, hospitals, and other places for humanitarian purposes.

Three points follow that matter in practice. The harm must be linked to the charges as confirmed — so the crimes, the geographic scope, and the 1 November 2011 to 16 March 2019 time frame define who can participate in this case. Harm is not limited to the person killed: family members who suffered personal harm as a result of the killing are victims in their own right. And the harm may be physical, psychological, or material.

How participation works

Under Article 68(3) of the Rome Statute, where the personal interests of victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings it determines appropriate, in a manner that is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.

The mechanics run through the Registry's Victims Participation and Reparations Section (VPRS). Applicants complete an application form; the VPRS registers, assesses, and transmits applications to the relevant Chamber; and the judges decide who is admitted under Rule 89. Admitted victims act through a legal representative — commonly a common legal representative for a group, given the numbers involved — who may make opening and closing statements, question witnesses with the Chamber's leave, and file written submissions.

The scale in this case is already substantial. The VPRS registered 322 application forms in the Duterte case between 6 July and 18 August 2025, of which 18 applicants sought reparations only and were registered without being considered at the pre-trial stage. 539 victims were authorized to participate in the confirmation of charges hearing held in February 2026, and a team of Filipino lawyers has been appointed to represent victims.

Participation is not the same as being a prosecution witness. A victim may participate without testifying, and may testify without being an admitted participant. The two roles are distinct, with different protections attached.

Reparations: what they are, and the precondition

Article 75 of the Rome Statute empowers the Court to establish principles relating to reparations to, or in respect of, victims — including restitution, compensation, and rehabilitation — and to make an order directly against a convicted person specifying appropriate reparations. Article 79 establishes the Trust Fund for Victims, which can implement Court-ordered reparations and, separately, provide assistance to victims through its own assistance mandate.

The precondition is unavoidable and should be stated plainly: a reparations order under Article 75 requires a conviction. If the accused is acquitted, there is no Article 75 order. The Trust Fund's separate assistance mandate can operate independently of a conviction, but it is programmatic assistance rather than an individual award, and it depends on the Fund's resources and Board decisions.

Reparations may be individual or collective, and in practice at the ICC collective and community-based awards have been common where victim numbers are large. Applying for reparations is a separate track from applying to participate; a person may do one, the other, or both — which is why 18 of the 322 registered applicants in this case had sought reparations only.

Protection and confidentiality

The Court can order protective measures — redaction of identifying information from the public record, pseudonyms, closed sessions, and testimony by electronic or other special means — under Article 68(1) and (2). The Victims and Witnesses Unit advises on protection and support. Applications and supporting documents are handled with confidentiality restrictions, and identifying details are not routinely disclosed to the defense or to the public.

This matters for Filipino applicants, many of whom live in the same communities as the police officers involved in the incidents. Concern about safety is a proper subject for a protection request and should be raised in the application rather than left unstated.

The domestic track runs in parallel

ICC jurisdiction is complementary: the Court acts only where a State is unwilling or unable genuinely to investigate or prosecute. It does not displace Philippine courts. Domestic cases for individual killings — murder or homicide charges against police officers, administrative complaints, and civil actions for damages — continue on their own footing, and they remain the only route for incidents outside the confirmed charge period or scope.

For the domestic side, the Commission on Human Rights can investigate and assist, the Department of Justice review panel has handled drug-war case files, and the Public Attorney's Office and private and NGO legal aid providers assist families. Pursuing a domestic case does not disqualify a person from ICC participation.

What individuals should know

If a family member was killed or you were injured in an anti-drug operation between 1 November 2011 and 16 March 2019, you may fall within the scope of the confirmed charges. Participation is by application, not by attendance, and it is free — the ICC does not charge applicants, and legal representation for participating victims is arranged through the Court, with legal aid available.

Do not send documents to unofficial intermediaries who charge fees. The Court works through the Victims Participation and Reparations Section and through recognized intermediary organizations; the ICC's own website is the authoritative source for the current forms and any deadlines set by Trial Chamber III for the trial phase. Because deadlines are set by chamber decision and can change, verify the current position with the VPRS or a recognized assisting organization rather than relying on a date reported in the news.

Keep and organize your documentation: the death certificate, police blotter or spot report, autopsy findings, photographs, media reports naming the incident, barangay records, and any evidence of the harm suffered by the family, including medical or psychological records and proof of financial loss. These are what the assessment turns on. And be realistic about timing — an ICC trial of this scope will run for years, reparations follow only after a conviction, and participation is a right to be heard rather than a guarantee of a payment.

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