ICC allows Duterte to skip confirmation hearing; proceedings to continue

Metro Manila, Philippines – Judges at the International Criminal Court have allowed former President Rodrigo Duterte to skip appearance at next week’s confirmation of charges hearing after he waived his right to attend.

The ICC Pre-Trial Chamber I ruled that the hearing on Feb. 23 to 27 in The Hague, Netherlands may proceed in Duterte’s absence as his signed request met the legal requirements under the Rome Statute. 

Judges said Duterte understood his right to be present and the consequences of waiving it, emphasizing that the decision applies only to the confirmation stage. Under ICC rules, any full trial must be held with the accused present.

The ruling came days after prosecutors urged the chamber to reject Duterte’s bid to skip the hearing, calling requests to be excused “exceptional” and granted only sparingly.

In a response dated Feb. 19, Deputy Prosecutor Mame Mandiaye Niang said Duterte was “available, fit, and should attend the hearing in person,” adding that suspects are not entitled to unilaterally excuse themselves from proceedings. 

Prosecutors argued that his refusal to recognize the court’s jurisdiction and his objections to the case were not valid grounds to hold the hearing without him.

Duterte, 80, had cited his age, frailty and his rejection of ICC authority in asking to waive his attendance. In a letter attached to his request, he claimed he had been forcibly transferred to The Hague and described the accusations against him as politically motivated. He also said he did not wish to follow the proceedings via video link, writing that he was “old, tired and frail” and preferred to remain inside his detention cell.

Prosecutors pushed back on those claims, telling judges that independent medical experts had already found Duterte physically and mentally fit to participate and that measures were in place to ensure his comfort during the hearing. They argued that his reasons for refusing to attend were not health-related but reflected his lack of respect for the court, and stressed that the confirmation hearing is a key milestone for victims seeking accountability.

The confirmation of charges hearing is a pretrial step in which judges determine whether prosecutors have presented enough evidence to send the case to trial over allegations of crimes against humanity tied to Duterte’s anti-drug campaign. 

During the proceedings, prosecutors, defense lawyers and legal representatives of victims will present arguments before judges decide within about 60 days whether to confirm the charges, request additional evidence or decline to move the case forward.

The ICC said Duterte’s absence next week is based solely on his voluntary waiver and not on medical grounds, noting that he had previously been declared fit to participate in pretrial proceedings.