FORMER president Rodrigo Duterte will not be physically present for the first hearing of his case as it enters the trial stage at the International Criminal Court (ICC).
Trial Chamber III announced on Friday that it has granted Duterte’s request to waive his right to appear during the initial status conference scheduled for May 27. This session serves primarily as a procedural meeting where both sides will iron out essential arrangements and logistics in preparation for the actual trial proceedings, rather than a session for arguments or judgment on the merits of the case.
In granting the request, the Chamber ruled that Duterte’s presence is not mandatory for this specific type of gathering. The defense team had argued that while the Rome Statute requires the accused to be present during the actual trial, such a requirement does not extend to status conferences, which are administrative and organizational in nature. However, the court set a condition: Duterte must submit a written and signed formal waiver by May 25, strictly adhering to the rules and requirements laid out in the Rome Statute, the international treaty that established the court.
The public will be able to follow the proceedings through official channels, though with necessary safeguards in place. The ICC will stream the conference live on its website and Facebook page, but with a 30‑minute delay. This buffer period allows court officials to redact sensitive details and ensure that confidential information is not broadcast. Additionally, the judges have reserved the right to hold portions of the hearing behind closed doors or in private sessions, particularly when discussing matters related to witness protection, security protocols, or other classified data that, if revealed, could endanger individuals or compromise the process.
During the conference, the judges and legal teams will tackle a comprehensive agenda covering all logistical and procedural aspects of the upcoming trial.
Key items to be discussed include setting a target date for the trial’s opening, establishing deadlines for submissions, and outlining the scope of evidence expected to be presented — including the number of witnesses, volume of documents, and potential use of expert testimonies. Language requirements for participants and witnesses will also be finalized. Furthermore, the court will receive updates on the prosecution’s compliance with previous orders to disclose materials such as witness identities, protective measures, and evidence gathered during the pre‑trial phase, as well as clarifications on whether related investigations remain active.
