International Criminal Court, The Hague. Photo: Choinowski via Wikimedia Commons (CC BY-SA 4.0)
Former President Rodrigo Duterte will not attend the International Criminal Court’s (ICC) fifth status conference in his crimes against humanity case on Monday, November 2, 2026, after Trial Chamber III approved his request to waive his appearance. His lawyers will handle the hearing for him, which is expected to be one of the final procedural sessions before his trial opens in The Hague on November 30.
Why is Duterte skipping the Nov 2 ICC hearing?
According to a defense filing dated October 30, Duterte told the chamber on October 28 that he would waive his right to be present. The judges granted the request on October 29 and told his team to put a signed waiver on the record, which lead counsel Peter Haynes then filed (ABS-CBN News, Oct 31; The Manila Times, Nov 1). The waiver tells his lawyers to handle every agenda item and any other issue raised.
No reason for the waiver has been made public. Duterte attended the third and fourth status conferences in person on September 16 and October 13, where he mostly listened and was not asked to speak (Philstar, Nov 1).
What time is the hearing in the Philippines?
The chamber is set to sit from 10:00 to 11:30 a.m. in The Hague, which is 5:00 to 6:30 p.m. Philippine time on Monday. If needed, a second session runs from 7:00 to 8:30 p.m. Philippine time. The ICC streams its hearings with a 30-minute delay on its website and Facebook pages (ABS-CBN News).
What is on the agenda?
Status conferences settle how a trial will run. Monday’s agenda covers (ABS-CBN News; Philstar):
- the daily sitting schedule
- testimony by audio-video link, and rights of audience
- the prosecution’s list of witnesses and how many hours it gets to present evidence
- potentially exculpatory evidence, meaning material that could help the defense
- agreed facts and the order in which witnesses are called
- requests to use prior recorded testimony under Rule 68(3)
- in-court protective measures for witnesses
- security of defense missions
The sitting schedule is a live issue for the defense. At the October 13 conference, Haynes asked the judges to consider trying the case in blocks of evidence with breaks in between so Duterte’s family, who live in Davao City, can plan visits and calls. Presiding Judge Joanna Korner said the chamber would consider it but fixed only the first week for now (Inquirer, Oct 13).
What happens when the trial opens on Nov 30?
The ICC says the judges will first check that Duterte understands the charges and ask whether he admits guilt or pleads not guilty. The prosecution then gets 6 hours and the victims’ lawyers 3 hours for opening statements, spread over four one-hour sessions a day, before the first prosecution witness takes the stand (ICC media advisory, Oct 30).
Duterte faces three counts of murder and attempted murder as crimes against humanity, covering Davao City from 2013 to 2016 and the national drug war from 2016 to 2018. These are charges, not findings. Under ICC rules, judges can convict only if guilt is proven beyond reasonable doubt, and Duterte’s camp has long argued the court has no jurisdiction over the Philippines. Our Duterte ICC case timeline tracks every step since March 2025, and ICC drops one killing from the Duterte case covers the most recent change to the trial brief.
What about the other officials named in the case?
The prosecution’s trial brief names eight other people as alleged co-perpetrators, including Senators Ronald “Bato” dela Rosa and Christopher “Bong” Go, former PNP chiefs Oscar Albayalde, Vicente Danao and the late Camilo Cascolan, former justice secretary Vitaliano Aguirre II, former NBI director Dante Gierran and former PDEA chief Isidro Lapena (The Manila Times; Philstar). Being named in that account is not a charge. The Pre-Trial Chamber said in April that the references were not a finding of anyone’s criminal responsibility, and the ICC has publicly confirmed a warrant only for dela Rosa (The Manila Times).
Dela Rosa has not surrendered, and his lawyer says there is no legal basis to arrest him. See Bato dela Rosa surrender deadline lapses as PNP widens manhunt. On the jurisdiction fight, read the ICC and Duterte: jurisdiction, evidence and what happens next. At home, see what’s next in the Sara Duterte impeachment trial.
FAQ
Will Duterte attend the Nov 2 ICC status conference?
No. Trial Chamber III approved his waiver, and his lawyers will represent him.
What time is the Nov 2 hearing in Philippine time?
5:00 to 6:30 p.m., with a possible second session from 7:00 to 8:30 p.m. The ICC stream runs 30 minutes behind.
When does the Duterte trial start?
November 30, 2026, at 10:00 a.m. in The Hague, which is 5:00 p.m. in the Philippines.
Has the ICC issued warrants for the other officials named?
The ICC has publicly confirmed a warrant only for Sen. dela Rosa. It has not said whether any others exist.
Sources: ABS-CBN News (Oct 31, 2026); The Manila Times (Nov 1, 2026); Philstar (Nov 1, 2026); Inquirer (Oct 13, 2026); ICC media advisory (Oct 30, 2026). Featured photo: International Criminal Court building, The Hague, by Choinowski via Wikimedia Commons (CC BY-SA 4.0).
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