ICC grants Duterte plea to skip hearings
Filipinos and the rest of the world will not see former President Duterte in the confirmation of charges hearing before the International Criminal Court (ICC) next week after its Pre-Trial Chamber I approved his request to skip the proceedings.
According to the chamber, he will not be present in all sessions of the hearing on the charges of crimes against humanity in connection with his war on drugs scheduled for Feb. 23 to Feb. 24 and Feb. 26 to Feb. 27.
“Today, February 20, 2026, following a request by the defence of Mr. Rodrigo Roa Duterte, Pre-Trial Chamber I of the ICC decided that the hearing on the confirmation of charges will be held in the absence of the suspect,” ICC spokesperson Oriane Maillet announced on Friday.
Maillet said the chamber had assessed that the information included in the request signed by Duterte was sufficient to fulfill the requirements of the Rome Statute, the treaty that established the ICC.
Unrelated to health
“In particular, the chamber noted that Mr. Duterte stated that he understands he has the right to be present at the confirmation hearing and the consequences of waiving this right, which have been thoroughly explained to him by his counsel,” she said.
“Moreover the chamber considers that, in the present circumstances of the case, it is appropriate to proceed with the hearing on the confirmation of charges in the absence of Mr. Duterte.”
The chamber pointed out that Duterte’s absence next week was not for reasons related to his health as the judges had found that the ex-president “was fit to attend” the pretrial proceedings based on the findings of a panel of medical experts and on the legal circumstances of the case.
Duterte’s absence during the confirmation of charges hearing is allowed under Article 61, Paragraph 2 (a) of the Rome Statute and Rule 124 of the Rules of Proceedings and Evidence.
If the charges of crimes against humanity against Duterte are confirmed, the ICC would not allow the trial to take place in his absence, in accordance with Article 63(1) of the Rome Statute which states that the accused shall be present during trial, Maillet said.
Prosecution objection
The Philippines withdrew from the Rome treaty in March 2019 on orders of Duterte after the ICC prosecutor started an “examination” of the allegations against him a year earlier.
The prosecution had urged the chamber to reject Duterte’s request not to appear at his pretrial hearing.
Responding to Duterte’s request not to appear for the hearing, Deputy Prosecutor Mame Mandiaye Niang on Feb. 19 argued that the former president failed to provide any compelling reason to justify his absence.
“Mr. Duterte primarily seeks to waive his right to appear on the basis that he does not ‘recognize the jurisdiction’ of the Court, states that he was ‘kidnapped,’ and claims that the charges against him constitute ‘an outrageous lie’ invented by his political opponents. These statements are a continuation of Mr. Duterte’s rejection of the legitimacy of the proceedings against him before the Court,” he said in a formal response submitted to the trial chamber.
Fit, competent, able
“His refusal to acknowledge the legitimacy of the proceedings does not constitute cause to hold the confirmation hearing in his absence,” he said.
Niang said that Duterte was fit, competent, and physically and mentally able to attend the hearing in person, adding that his health had been comprehensively examined and litigated before the chamber.
He noted that the chamber had concluded that he was “physically and mentally fit” and had taken measures to ensure his “comfort throughout the hearing.”
Niang said that the chamber’s conclusion was based on “extensive independent medical evidence and expert opinion.” He said Duterte’s complaints that he is “old, tired, and frail” were irrelevant to his absence from the hearing.
He said that Duterte’s statement that he would not follow even the video of the proceedings indicated that he lacked respect for the court, not because of his supposed poor health.
Entitled to waiver
In a text message to the Inquirer on Friday, Duterte’s lead counsel Nicholas Kaufman said that the law entitles the former president to present a waiver and so he did.
“The Prosecution has not encountered a situation like this previously and it clearly conveys in its filing its irritation and belief that it is not the former President who should be controlling the narrative,” he said in reaction to the prosecution’s opposition to the waiver.
Kaufman also explained that the former president has never recognized the competence of the ICC to exercise jurisdiction over him. The ICC jurisdiction has been questioned by Duterte and it is still awaiting the ruling of the court’s appeals chamber.
The confirmation of charges will be heard at the ICC courthouse in The Hague, the Netherlands. Duterte has been held at an ICC detention facility in The Hague since March 2025.
Decision within 60 days
After the hearing, the chamber will decide within 60 days to confirm all or any of the charges against Duterte, who is still considered a suspect.
If one or more charges are confirmed, the suspect will be considered an accused, and the case will be committed for trial before a trial chamber.
Duterte is suspected of the crimes against humanity of murder and attempted murder, allegedly committed in the Philippines in the context of his “war on drugs” between Nov. 1, 2011, when he was mayor of Davao City, and March 16, 2019, when he was President.
According to the prosecution’s Document Containing the Charges, Duterte is suspected of three counts of crimes against humanity—of murders in or around Davao City by the Davao Death Squad when he was mayor; murders of “high-value targets” during his presidency; and murders and attempted murders in barangay “clearance operations” also during his presidency.
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