The International Criminal Court (ICC) has approved former President Rodrigo Duterte’s request to skip next week’s confirmation of charges hearing, allowing proceedings to move forward in his absence.
In a ruling dated Feb. 20, the Pre-Trial Chamber I said the hearing, set for Feb. 23 to 27, will proceed without Duterte after he submitted a written waiver on Feb. 18.
Judges found the document valid under Article 61(2)(a) of the Rome Statute and Rule 124 of the ICC’s Rules of Procedure and Evidence, noting that Duterte acknowledged his rights and the consequences of waiving them.
ICC spokesperson Oriane Maillet clarified that Duterte’s absence is based solely on his waiver, not on health grounds. The Chamber had earlier determined on Jan. 26 that Duterte was fit to participate in pre-trial proceedings following a medical assessment.
While confirmation hearings may proceed in absentia if properly waived, trials cannot. Under Article 63(1) of the Rome Statute, the accused must be present during trial.
Duterte has been detained at the ICC Detention Centre in The Hague since March last year. The confirmation hearing will determine whether sufficient evidence exists to move the case to trial.
His counsel, Nicholas Kaufman, defended the waiver, saying the law entitles Duterte to exercise that right.
He added that the former president has never recognized the ICC’s jurisdiction, and the matter remains under appeal.
“The judges will now have to decide whether to compel the former President’s appearance and how that should be enforced,” Kaufman said. (Argyll Geducos)
