ICC sets another round of status conference for Duterte ahead of trial in November

The International Criminal Court scheduled another round of status conference for former president Rodrigo Duterte’s crimes against humanity case as the tribunal moves forward with his trial proper set on 30 November.

The next status conference will be held on 23 June and 14 July to address procedural matters such as setting the deadlines for the respective observations of the prosecution, defense, and victims’ camp, on the impending report of the panel of medical experts to reevaluate the condition of the 81-year-old ex-leader ahead of the trial.

The proceeding will run from 10 a.m. to 12 noon local time (4 p.m. to 6 p.m. in the Philippines) and will be open to the public through the ICC’s official website.

Some portions of the proceedings may be moved to private sessions if discussions involve sensitive information related to witness protection or security concerns.

The procedural issues to be discussed include the adoption of a protocol for handling confidential information, the limitation of the prosecution’s trial Brief, and the next date for the status conferences.

In a four-page document dated 18 June, the Trial Chamber III also includes on the agenda the public statements made by a counsel, which it did not identify.

ICC prosecutors are expected to submit their final list of evidence and witnesses by 31 August, followed by the victims' legal representatives on 28 September, and Duterte’s defense team on 30 October.

Duterte is facing three counts of crimes against humanity of murder for the killings of 78 individuals, including six children, allegedly suspected of drug dealings from 2013 to 2018, spanning his tenure as Davao mayor and as president.

It also covered the summary killings purportedly committed by the so-called Davao Death Squad, which was founded and headed by Duterte, as alleged by ICC prosecutors.

He has been detained at the ICC since his arrest on 11 March in Manila, and has repeatedly sought interim release and review of his detention—both denied by the court.

Recently, the chamber granted the defense’s request for a new round of medical and psychiatric examinations, with expert reports due no later than 18 18 August to ensure that the erstwhile president is physically and mentally sound during the trial proper.

While Duterte had been allowed to skip relevant ICC proceedings in the past, including the first status conference on 27 May, he is mandated to appear in the courtroom during the actual trial under the ICC rules.

Prior to the resignation of Duterte’s lead counsel, Nicholas Kaufman, in early May, the lawyer petitioned the ICC to reverse the Pre-Trial Chamber I’s 26 January decision, which found that his client still fit to stand trial.

This, despite their consistent claims that Duterte is already too weak to participate in the proceedings due to his advanced age, unexplained weight loss, and cognitive impairment.