(UPDATE) THE International Criminal Court (ICC) has allowed former president Rodrigo Duterte to skip the first status conference in his crimes against humanity case while ordering his continued detention in The Hague, after rejecting defense claims that his deteriorating health and cognitive condition justified his release.
In separate rulings issued Friday, Trial Chamber III said Duterte would not be required to personally attend the May 27, 2026 status conference because the proceeding was administrative in nature, but at the same time ruled that the risks of flight and obstruction of justice remained high enough to keep him in ICC custody pending trial.
Presiding Judge Joanna Korner and the two other members of the chamber said Article 63(1) of the Rome Statute, which requires an accused person to be present during trial, “does not apply to other hearings such as status conferences, which are essentially administrative in nature.”
The chamber also denied a request by victims’ lawyer Gilbert Andres to participate remotely through a secure video link.
While other representatives of victims, including the Office of Public Counsel for Victims, will attend and make submissions during the conference, the judges said remote participation for Andres could not be accommodated because “it was not possible to have a secure link with the legal representative in case the use of private sessions would be required” to protect sensitive information.The May 27 conference will be divided into three sessions and is expected to address the projected timetable for trial, pre-trial deadlines, anticipated evidence and witness presentations, disclosure obligations, possible additions to incidents covered by the charges, pre-trial motions, victims’ participation deadlines, and protocols involving witness preparation and vulnerable persons.
Although the proceedings will generally be public, the chamber said portions may shift into private session to avoid disclosing sensitive information related to witness protection and security.
The court also disclosed that Duterte had changed legal representation after the Chamber’s April 30 scheduling order.
Lawyers Peter Haynes and Kate Gibson were appointed as Duterte’s new counsel and associate counsel, respectively, replacing members of his previous legal team who had earlier been authorized to withdraw from the case.
The new defense team, according to the chamber, has already been briefed on pending deadlines and assured the court it would be prepared for the upcoming conference.
In a separate unanimous ruling, the same Chamber ordered Duterte to remain detained pending trial, rejecting arguments that his physical frailty and cognitive decline constituted a “prima facie change in circumstances” that warranted reconsideration of his detention.
Duterte, 81, surrendered to the ICC on March 12, 2025, after the court issued an arrest warrant against him over alleged crimes against humanity linked to his anti-illegal drugs campaign.
The chamber noted that his detention had already been upheld in earlier rulings, including decisions in September 2025 and January 2026 that were later affirmed by the Appeals Chamber.
Defense lawyers argued that Duterte’s physical condition had worsened, citing “frequent episodes of falls occasioned by a loss of balance” and claiming his impaired short-term memory made him incapable of directing any attempt to interfere with witnesses.
But the judges said three court-appointed medical experts examined Duterte and found no basis to alter his detention conditions.
The judges also cited Duterte’s refusal to attend his confirmation of charges hearing, during which he declared that he did not recognize the ICC’s jurisdiction over him.
According to the chamber, the statement demonstrated “at its lowest that the accused will not comply with any orders that might be made in respect of a release from custody.”
The court further pointed to Duterte’s “access to vast resources and contacts, including his family and supporters in the Philippines who may assist him in evading justice,” concluding that his health issues did not outweigh the risks of flight and interference with proceedings under Article 58 of the Rome Statute.
Trial Chamber III said the confirmation of charges against Duterte on April 23, 2026, had, in fact, heightened the possibility that he could abscond.
“The confirmation of charges increases the risk that an accused may abscond and is therefore not a change in circumstances that militates in favor of conditional release, but rather one supporting continued detention,” the ruling stated.
Duterte will remain in ICC custody in The Hague as preparations continue for trial.
