The International Criminal Court (ICC) has permitted former President Rodrigo Duterte to waive his appearance at the first status conference in his case later this month, while also rejecting a request from a victims’ legal representative to join the proceedings remotely.
In a seven-page order dated May 22, ICC Trial Chamber III granted the request of Duterte’s defense team to excuse him from attending the May 27 status conference in The Hague.
The court noted that Duterte “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 on the status conference agenda.”
The chamber explained that the defense argued the mandatory requirement for an accused person to be present applies only to the actual trial, not to status conferences, which are “essentially administrative in nature.”
Judges ordered Duterte’s lawyers to submit by May 25 a written waiver personally signed by the former president.
The order also formally recorded Duterte’s change in legal representation following the withdrawal of his previous counsel earlier this month.
The chamber acknowledged the appointments of British barrister Peter Haynes as lead counsel and Kate Gibson as associate counsel, noting that the new team had already been briefed on pending deadlines and confirmed their attendance at the May 27 conference.
The ICC released the agenda for the upcoming session, which will focus on preparations for Duterte’s trial.
Topics include the proposed commencement date, the number of witnesses and evidence, expert testimony, witness protection measures, disclosure obligations, and possible additional incidents prosecutors may add to the case.
Judges also scheduled discussions on agreed facts, interpretation and translation needs, victims’ participation, and pre-trial motions.
The conference will be conducted publicly, though portions may move into private session if sensitive witness security matters arise.
Meanwhile, the chamber denied a request by lawyer Gilbert Andres, one of the victims’ legal representatives, to participate remotely.
The ICC said other members of the victims’ legal team would already be physically present and cited technical limitations that prevented establishing a secure remote connection for private sessions if needed. (Argyll Geducos)
