Duterte to skip last ICC pre-trial hearing

FORMER President Rodrigo Duterte has waived his right to attend a key pre-trial hearing before the International Criminal Court on November 2, allowing his lawyers to represent him as judges finalize arrangements for his crimes-against-humanity trial set to open later this month.

In a filing dated October 30, Duterte’s defense team informed Trial Chamber III that he had signed a waiver declining to attend the fifth status conference.

The chamber approved the request on October 29 and directed the defense to place the signed waiver on the record.

The defense said Duterte had authorized his lawyers to address all procedural matters on the hearing agenda, as well as any other issues that may arise during the proceedings.

The November 2 status conference, scheduled from 5 p.m. to 6:30 p.m. Philippine time, with a possible second session from 7 p.m. to 8:30 p.m., is one of the final hearings before the start of trial on November 30.

Judges are expected to discuss the daily hearing schedule, arrangements for testimony through audio-visual links, rights of audience before the court, the prosecution’s witness list, the number of hours allotted for the presentation of evidence, potentially exculpatory evidence, agreed facts, witness calling order, Rule 68(3) applications, in-court protective measures, and security arrangements for defense missions.

Duterte attended the previous two status conferences on September 16 and October 13. His September appearance marked his first in-person attendance before the ICC since he was surrendered to the tribunal in March 2025.

The hearing comes less than a month before Trial Chamber III formally opens the case against Duterte on November 30.

During the opening session, judges are expected to confirm that Duterte understands the charges against him and ask whether he pleads guilty or not guilty.

The chamber will then hear opening statements from prosecutors and lawyers representing victims, while the defense may also be invited to present an opening statement.

The prosecution has been allotted six hours for its opening presentation, while victims’ representatives have been granted three hours.

The court has indicated that the prosecution’s first witness is expected to testify after opening statements conclude.

Duterte faces three counts of crimes against humanity stemming from alleged killings linked to anti-drug operations and vigilante-style killings carried out between 2011 and 2019.

Prosecutors allege the crimes were committed as part of a widespread and systematic attack against civilians.

The charges cover alleged killings in Davao City during Duterte’s term as mayor, killings of so-called ‘high-value targets’ during his presidency, and killings and attempted killings during anti-drug ‘barangay clearance operations’ between 2016 and 2018.

Trial Chamber III ruled on October 8 that Duterte is fit to stand trial. Proceedings will be streamed on the ICC’s website, Facebook page and YouTube channel with a 30-minute delay.

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