Former President Rodrigo Duterte will not appear in person at the International Criminal Court when his case returns to the spotlight on Wednesday, May 27 — but his absence is official and on record.
A signed waiver dated May 25, 2026, bearing Duterte’s signature, formally confirms that the 80-year-old has relinquished his right to attend the first status conference before Trial Chamber III at 9:30 a.m. The document instructs his legal team to handle all procedural matters in his place.
The ICC had previously ordered Duterte’s lawyers to submit the signed waiver by May 25 as a condition for permitting his absence. The court noted that the mandatory requirement under Article 63(1) of the Rome Statute — which requires an accused to be present during proceedings — does not extend to status conferences, which are considered administrative in nature.
The order also formally recorded Duterte’s change in legal representation. British barrister Peter Haynes has been appointed as lead counsel, with Kate Gibson serving as associate counsel — both confirming their attendance at the May 27 hearing.
The conference, structured in three sessions, is expected to cover key pre-trial matters including the projected start date of the trial, anticipated evidence and witnesses, disclosure obligations, victims’ participation timelines, and protocols for vulnerable individuals.
This is not Duterte’s first absence from ICC proceedings. He also waived his appearance during the week-long confirmation of charges hearing in February 2026. His last in-person appearance before the tribunal was on May 14, 2025 — three days after his arrest in Manila — when he confirmed his identity, acknowledged the charges against him, and was informed of his rights under the Rome Statute.
In a separate ruling issued the same week, Trial Chamber III also denied Duterte’s request for temporary release, ordering that he remain in ICC custody pending trial.
