The Hague, Netherlands – The International Criminal Court (ICC) said former President Rodrigo Duterte was accorded due process when judges allowed him to skip attending the confirmation of charges hearing, a prerogative under the Rome Statute rules.
In an interview with NewsWatch Plus, ICC spokesperson Orian Maillet said the chamber considered Duterte’s waiver request before allowing the pretrial proceedings to move forward in his absence.
“The Rome Statute and the Rules of Procedure allow a suspect to waive presence at the confirmation of charges stage, but it is ultimately up to the judges to decide,” Maillet said, explaining that Duterte’s rights were reviewed and safeguarded throughout the process.
The Pre-Trial Chamber I earlier ruled that the hearing could proceed without Duterte after he waived his right to attend. Judges said the ruling applies only to the confirmation stage and does not extend to a full trial, where the accused is required to be present.
Maillet said the confirmation hearing is a pretrial process where lawyers from the prosecution, defense and victims’ legal representatives present arguments and evidence to determine whether the case should proceed.
“This is the first step for the judges to decide whether or not we are going to trial,” she said, noting that suspects remain presumed innocent during the proceedings.
The ICC spokesperson said the hearings are conducted publicly whenever possible, with livestreams available subject to security delays, and that the court is working closely with Dutch authorities to ensure safety around the venue amid heightened public interest.
The confirmation of charges hearing against Duterte will begin Monday, Feb. 23, at the ICC headquarters in The Hague, marking a key pretrial milestone in the case accusing him of crimes against humanity linked to his anti-drug campaign. The five-day proceedings on Feb. 23 to 27 will determine whether prosecutors have presented enough evidence to send the case to full trial.
Duterte, 80, faces three counts of crimes against humanity involving murder and attempted murder allegedly committed in the Philippines between Nov. 1, 2011 and March 16, 2019, including killings during his time as Davao City mayor and later as president. Prosecutors allege he bears responsibility as an indirect co-perpetrator, while the defense continues to deny wrongdoing and challenge the court’s jurisdiction.
Judges have up to 60 days after the hearing to decide whether to confirm the charges, request additional evidence or decline to move the case forward. If confirmed, the case will proceed to trial, with victims allowed to participate through their legal representatives.
