ICC Approves Duterte's Absence from Upcoming Charges Hearing
The International Criminal Court (ICC) Pre-Trial Chamber I has officially granted former Philippine President Rodrigo Duterte's request to waive his physical attendance at the confirmation of charges hearing scheduled for next week. In a document dated February 20, 2026, the Chamber stated, "The Chamber hereby grants the request; decides that the hearing on the confirmation of charges will be held in the absence of Mr. Duterte."
Legal Teams Directed on Document Confidentiality
The Chamber has issued directives to Duterte's legal team, the legal representatives of the victims, and the ICC Prosecution to indicate whether specific filings should remain public or require redaction. This move aims to balance transparency with procedural integrity as the case progresses.
Duterte's Firm Stance Against ICC Jurisdiction
In a notification signed on February 17, Duterte explicitly waived his right to attend the proceedings and entrusted his legal representatives to challenge the sufficiency of the Prosecution's evidence. The 80-year-old former leader asserted that he does not recognize the jurisdiction of the ICC, claiming he was "kidnapped" and forcibly taken to The Hague.
Duterte vehemently denied allegations that he oversaw a policy of extrajudicial killings, describing them as "an outrageous lie" propagated by political opponents. He expressed his reluctance to participate in legal proceedings, stating, "I do not wish to attend legal proceedings that I will forget within minutes. I am old, tired, and frail. I wish for this Court to respect my peace inside the cell it has placed me."
He added, "I have accepted the fact that I could die in prison. But those that desire this fate for me should know that my heart and soul will always remain in the Philippines."
Charges and Legal Background
Duterte, who was arrested in the Philippines on March 11, 2025, and transported to the Netherlands, faces the confirmation of the following charges:
- Murders in or around Davao City during his period as mayor by the Davao Death Squad;
- Murders of high-value targets during his period as president; and
- Murders and attempted murders in barangay clearance operations during his period as president.
The Chamber previously ruled that while Duterte is fit to participate in the pre-trial phase, the Rome Statute permits a suspect to voluntarily waive their right to be present during the confirmation of charges. However, the National Government has noted that the law mandates a defendant's presence should the case proceed to a full trial.
Hearing Schedule and Implications
The confirmation of charges hearing is set to commence on February 23, 2026. This procedural step is crucial as it determines whether there is sufficient evidence to proceed to a full trial. Duterte's absence underscores his ongoing defiance of the ICC's authority, setting the stage for a complex legal battle that intertwines international law with national sovereignty debates.
