The requirement for accused individuals to appear in person during trial proceedings has been underscored by the International Criminal Court as it prepares for the prosecution of Rodrigo Duterte over crimes against humanity tied to his anti-drug campaign.
According to ICC spokesperson Oriane Maillet, courtroom rules at the trial stage differ from earlier phases of the case, particularly the confirmation of charges. “The trials require the suspect to be present,” she said in a The Philippine STAR interview, clarifying that physical attendance becomes mandatory once proceedings shift to full trial.
The court had previously allowed Duterte to skip his confirmation hearings after granting a waiver, a decision that applied only to that stage and not to the upcoming trial. Judges confirmed the charges against him on April 23, 2026, concluding there were substantial grounds to believe he bore criminal responsibility and ordering the case to proceed.
With the case now before an ICC Trial Chamber, preparations are advancing toward formal hearings, including a scheduled status conference in late May. The chamber has also directed prosecutors, defense lawyers, and victim representatives to submit positions on whether Duterte should remain in custody as part of a routine detention review.
Duterte has been held at the ICC detention facility in Scheveningen, The Hague, since his arrest in March 2025. His legal team continues to contest aspects of the proceedings, including efforts to challenge the confirmation of charges and raise legal questions over the prosecution.
Prosecutors allege he played a central role in killings linked to anti-drug operations carried out during his presidency and earlier tenure as Davao City mayor, with multiple counts of murder cited under crimes against humanity.
Maillet said the court is also closely monitoring Duterte’s condition while in custody, emphasizing that detention conditions comply with international standards. “The detention center of the ICC operates in conformity with the highest international human rights standards for the treatment of detainees. So, this is indeed a matter that the ICC is taking very seriously,” she said.
