Former president Rodrigo Duterte will skip the first status conference on his crimes against humanity case at the International Criminal Court scheduled on 27 May, leaving the procedural hearing entirely with his two new lawyers.
The ICC granted Duterte’s request to waive his appearance as the procedural matters that are set to be discussed during the status conferences are essentially administrative in nature, not covered by Article 63 of the Rome Statute.
This includes the date to start trial, use of anticipated evidence, languages to be used during the proceedings, and victims’ participation, and the deadline for submission of applications, among others.
While the accused is not strictly required to be in the courtroom during pre-trial hearings and status conferences, they are mandated to be present during the actual trial under the said provision.
The status conference will be publicly available via livestream on the ICC website with a 30-minute delay.
This development marks the fourth time of his deliberate absences in relevant ICC proceedings amid his continued refusal to recognize the tribunal’s jurisdiction over him, citing the Philippines withdrawal from the Statue in 2019.
In February, Duterte also waived his attendance at the four-day confirmation of charges hearing on his murder charges related to his bloody drug war. He was also a no-show during the annual review of his detention, which was held in the same month.
He first did this in late November last year, when the Appeals Chamber rendered a unanimous decision dismissing his interim release plea.
Duterte, 81, has been detained in the ICC in The Hague, Netherlands, since his arrest in Manila on 11 March last year over his role as an “indirect co-perpetrator” for the drug war killings.
In April, the Pre-Trial Chamber I confirmed the charges of crimes against humanity of murder against him, asserting that there are “substantial grounds” to believe that Duterte is “criminally responsible” for the alleged extrajudicial killings linked to his notorious anti-drug campaign.
In the meantime, Duterte will remain in ICC custody. ICC prosecutors proposed starting the trial in November, but the defense pushed back, arguing that setting a trial date is still premature due to unresolved questions regarding Duterte’s health and fitness to stand trial.
