Former President Rodrigo Duterte will be expected to attend his International Criminal Court (ICC) trial daily beginning November 30, even as judges have acknowledged the need to accommodate his medical condition during proceedings. At the fifth and final status conference held in The Hague on Monday, November 2, Trial Chamber III Presiding Judge Joanna Korner confirmed that Duterte had been excused from the preliminary hearing because it was expected to be brief. However, she clarified that his presence would be required once the trial proper begins. Duterte’s lead counsel, Peter Haynes, accepted the court’s instructions and thanked the chamber for granting his client’s request to skip the conference. The former president had previously appeared in person during the September 16 and October 13 proceedings.
Recognizing the medical advice presented to the court, the ICC approved a modified daily hearing schedule intended to accommodate Duterte’s health needs without delaying the trial. Proceedings will be divided into four one-hour sessions, scheduled from 10 a.m. to 11 a.m., 11:30 a.m. to 12:30 p.m., 1:30 p.m. to 2:30 p.m., and 3 p.m. to 4 p.m., with regular breaks between sessions. The arrangement reflects the court’s effort to balance its requirement for the accused to attend with the practical demands of conducting proceedings involving an elderly defendant. The chamber also permitted Duterte’s defense team to outline its position at the opening of the trial, giving his lawyers an opportunity to present their account before the presentation of evidence unfolds.
Meanwhile, the court rejected a request from Paolina Massidda, a legal representative of participating victims, to deliver portions of her opening statement in Tagalog, citing the ICC’s English and French working-language requirements. Korner indicated that Tagalog interpretation and a translated transcript would be arranged to help Filipino audiences follow the proceedings. The conference also addressed witness testimony, protective measures, and the presentation of evidence, although parts of the discussions were held in private. Duterte faces three confirmed charges of crimes against humanity arising from alleged killings during his administration’s anti-drug campaign, but those charges have not been proven at trial. As the November 30 proceedings approach, the central legal test will be whether prosecutors can establish his individual criminal responsibility beyond reasonable doubt, while ensuring that his health, defense rights, and presumption of innocence remain protected throughout the process.