Duterte excused from ICC status conference but told to attend trial daily

The International Criminal Court's Trial Chamber III held its fifth and final status conference on Nov. 2 in the crimes against humanity case against former President Rodrigo Duterte, with trial opening set for Nov. 30. Duterte did not attend. The chamber granted a defense request excusing him, and he had waived his right to attend on Oct. 31.

Presiding Judge Joanna Korner said the chamber accepts his absence but expects him to attend court daily once the actual trial begins. "Mr. Duterte need not attend this morning, but once the actual trial starts, we will expect, as we said, attendance on a daily basis," Korner told defense counsel Peter Haynes. Haynes thanked the chamber for granting leave for Duterte to be absent.

The chamber adopted a modified sitting schedule of one-hour blocks separated by 30-minute breaks, running 10-11 a.m. and 11:30 a.m.-12:30 p.m., with a one-hour lunch break. The schedule was adopted on expert advice. Duterte took part in the previous status conferences on Sept. 16 and Oct. 13.

The ICC has published that Duterte was found fit to stand trial in a decision dated Sept. 28, made public Oct. 8, based on an independent Expert Panel's findings and party submissions. The trial opens Nov. 30 at 10:00 The Hague local time on charges of murder and attempted murder as crimes against humanity under article 7(1)(a) of the Rome Statute, for alleged acts between Nov. 1, 2011 and March 16, 2019.

The scheduling and attendance rulings shape how the first trial of a former Philippine president before the ICC will run day to day. They signal that the chamber intends to hold Duterte personally present despite his age and health accommodations. For those following accountability for the anti-drug campaign, the Nov. 30 opening is the point at which charges move from procedure to evidence.