ICC cancels third status conference for Digong's crimes vs humanity case

The International Criminal Court has cancelled the third status conference for the crimes against humanity case of former president Rodrigo Duterte, four days before the scheduled hearing set for 14 July.

The Trial Chamber III made the decision after both ICC prosecutors and the defense team of Duterte raised no concerns or applications, which require “the court's attention at this stage of the proceedings.”

Initially, the chamber set two more status conferences—14 July and 7 September— ahead of the ex-leader’s trial slated for 30 November.

Due to the cancellation, the chamber decided to move the next status hearing to 16 September, barely two months before the trial proper.

The ICC generally holds a status conference to address procedural issues, such as setting deadlines for the observations of all the parties, including the victims’ camp, and to streamline the proceedings before the actual trial begins.

The first status conference was held on 27 May, followed by the second on 23 June.

The proceedings usually run from 10 a.m. to 12 noon local time (4 p.m. to 6 p.m. in the Philippines) and are open to the public through the ICC’s official page on Facebook and YouTube.

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

In June, the chamber’s presiding judge, Joana Korner, announced that she expects Duterte to attend the conference in September, unless prevented by medical concerns.

While Duterte had been allowed to skip relevant ICC proceedings in the past, including the two status conferences on 27 May and 24 June, he is mandated to appear in the courtroom during the actual trial in November under the ICC rules.

The Trial Chamber III had already ordered a new set of court-appointed panel of experts to reevaluate whether Duterte is physically and mentally capable of attending the proceedings, amid repeated claims by his lawyers that he is unfit to stand trial.

In January, a separate panel of experts found that Duterte is still capable of attending the proceedings, contradicting the defense’s claims of cognitive impairment and unexplained weight loss due to advanced age.

Duterte, 81, 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.

The ICC launched a preliminary investigation into the alleged extrajudicial killings tied to Duterte’s notorious, deadly drug war in February 2018, almost two years after he took the highest office.

This prompted the Philippines, under Duterte’s orders, to withdraw from the Rome Statute, the ICC’s founding treaty, one month later.

However, the ICC asserted that it still retains jurisdiction over crimes committed prior to the country’s exit, citing its rules that a withdrawal only takes effect one year after the ICC receives notification from the state concerned.

The window is designed to prevent a state party from immediately departing the treaty upon learning that it is under investigation for possible grave crimes.