Duterte due to face ICC trial chamber in third status conference

Metro Manila, Philippines –  Former President Rodrigo Duterte is due to face International Criminal Court judges on Wednesday, Sept. 16,  in his third status conference, potentially marking his first in-person appearance before the tribunal since he was detained in The Hague last year.

As of Wednesday afternoon, no public notification from Duterte’s defense had surfaced indicating that he would waive his appearance at the hearing, which begins at 10:30 a.m. in The Hague, or 4:30 p.m. in Manila.

Presiding Judge Joanna Korner of Trial Chamber III had specifically told Duterte’s lead counsel Peter Haynes during the June 23 status conference that the chamber expected the former president to attend the September hearing unless prevented by a medical issue.

“We would expect Mr. Duterte to be here unless there’s some medical issue,” Korner said at the time. Haynes replied that Duterte was “fully aware” that the judges expected to see him “sooner rather than later.”

Duterte was allowed to waive his appearance at the first status conference in May and was again excused from the second conference in June because the Chamber expected it to be relatively short. 

If he appears in court Wednesday, it would also be Duterte’s first public appearance since March 14, 2025, when he joined his initial ICC appearance through video link from the detention center.

The third status conference comes as the case moves closer to the scheduled opening of Duterte’s trial on Nov. 30.

The hearing is expected to tackle the prosecution’s witness and evidence lists, the amount of courtroom time prosecutors will need to present their case, continuing disclosure of evidence to the defense and possible additional incidents to be presented at trial.

The chamber will also discuss the trial calendar, including a proposal to conduct proceedings in blocks of hearings with breaks and possible adjustments to sitting hours. 

Fitness to stand trial

The conference comes as Trial Chamber III has yet to publicly rule on a renewed dispute over Duterte’s fitness to stand trial.

Court-appointed medical experts have submitted reports following a new examination of Duterte. The contents remain largely confidential and key findings have been redacted from public filings.

In a filing made public Sept. 15, lawyers representing victims argued that Duterte should remain in ICC custody and said victims “expect to finally see Mr. Duterte appear in person in the courtroom.”

The victims’ lawyers argued that the factors previously cited by the court to justify Duterte’s detention remain unchanged, including the risk that he could abscond or interfere with proceedings. They said his continued detention was necessary to secure his appearance at trial and prevent possible intimidation or interference with victims and witnesses.

The ICC confirmed three counts of crimes against humanity involving murder and attempted murder against him in April, clearing the way for his trial.

The proceedings are scheduled to begin on Nov. 30.