The International Criminal Court (ICC) prosecution has stated that there is no legal basis for former President Rodrigo Duterte to waive his personal attendance at the confirmation of charges hearing set for February 23, 2026.
In a public redacted filing, the Office of the Prosecutor asked Pre-Trial Chamber I to reject Duterte’s request, stressing that only the Chamber — not the accused — can decide whether hearings may proceed in absentia.
It stressed that Duterte is physically and mentally fit to participate in the proceedings, noting that he had been examined by independent medical experts.
The filing also argued that the defense’s position—anchored on claims that the ICC has no jurisdiction and that Duterte was “kidnapped” and unlawfully surrendered—does not justify waiving his right to attend.
According to the prosecution, personal attendance is essential to ensure the integrity and transparency of the proceedings, particularly given the gravity of the charges and the interests of participating victims.
The prosecutor further said allowing the former president to skip the hearing without compelling reasons would be inconsistent with the Rome Statute framework governing confirmation proceedings.
The confirmation of charges hearing will determine whether there is sufficient evidence to send Duterte to trial for alleged crimes against humanity in connection with the anti-drug campaign.
Early this week, Duterte, arrested in March 2025, decided to waive his right to appear at the confirmation hearing, reiterating his argument that the court lacks jurisdiction over the Philippines following its withdrawal from the Rome Statute.
He also described his transfer to The Hague as unlawful and politically motivated, a claim that Malacañang has repeatedly denied.
Earlier, the ICC Pre-Trial Chamber rejected Duterte’s attempt to seek leave to appeal the ruling declaring him fit to stand in pre-trial proceedings.
The Chamber has likewise authorized hundreds of victims to participate in the confirmation stage, bringing the total number of participating victims to more than 500.
Duterte remains in ICC custody in The Hague pending the outcome of the confirmation of charges hearing. (Argyll Geducos)
