The Manila Times
MANILA, Philippines — The International Criminal Court (ICC) granted former president Rodrigo Duterte's request to skip the first status conference in his crimes against humanity case, while denying a victims’ lawyer to participate remotely. In an order issued Friday, Trial Chamber III confirmed that Duterte would not be required to attend the May 27, 2026 status conference, describing the proceeding as administrative in nature. “The Accused wishes to waive his right to appear before the Chamber on 27 May 2026 and fully trusts his legal team to address the procedural matters listed,” the defense said in a request submitted by email on May 21, which the Chamber subsequently approved. However, Presiding Judge Joanna Korner and the other members of the Chamber directed Duterte’s legal team to submit a signed written waiver from the former president no later than May 25 at 12 p.m., in compliance with statutory requirements. The Chamber noted that Article 63(1) of the Rome Statute, which requires an accused person to be present during trial, “does not apply to other hearings such as status conferences which are essentially administrative in nature.” The judges also denied a request by victims’ lawyer Gilbert Andres to attend the conference through a secure video link. While other members of the victims’ legal team, including the Office of Public Counsel for Victims, will attend and make submissions on behalf of victims, the Chamber said remote participation could not be accommodated because “it was not possible to have a secure link with the Legal Representative in case the use of private sessions would be required” to protect sensitive information. The order further disclosed that Duterte has changed his legal representation since the Chamber issued its scheduling order on April 30. Lawyers Peter Haynes and Kate Gibson have been appointed as Counsel and Associate Counsel, respectively, replacing Duterte’s previous legal representatives who were allowed to withdraw from the case. According to the Chamber, the new defense team has been informed of all pending deadlines and assured the court it would be prepared to attend the status conference. The May 27 conference will be conducted in three sessions and is expected to tackle matters related to the projected start of trial, pre-trial deadlines, anticipated evidence and witness presentations, disclosure obligations, possible additions to incidents covered by the charges, pre-trial motions, victims’ participation deadlines, and protocols concerning witness preparation and vulnerable individuals. Although the proceedings will generally be held in public, the Chamber said private sessions may be ordered when necessary to avoid disclosing sensitive information involving witness protection and security. The judges added that additional matters raised by parties and participants may be addressed in future status conferences ahead of trial.
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