Rodrigo Duterte Waives Right to Attend ICC Confirmation of Charges Hearing

Former Philippine President Rodrigo Duterte will not attend the upcoming confirmation of charges hearing at the International Criminal Court (ICC) scheduled for February 23-27, 2026. This decision follows the ICC Pre-Trial Chamber's acceptance of his defense team's request to waive his right to appear, despite judges previously ruling him fit to participate. Duterte, who has been detained at the ICC since March 2025, faces three counts of crimes against humanity related to his controversial "war on drugs," which reportedly resulted in thousands of extrajudicial killings.

Amnesty InternationalUsNews and World ReportThe Straits TimesICC grants Duterte’s absence from hearings next weekICC Prosecution opposes Duterte’s bid to skip in-person confirmation hearingVera FilesProsecution opposes Duterte’s plea to skip ICC hearing

Duterte is accused of being an indirect co-perpetrator in a series of murders linked to his anti-drug campaign, which took place during his presidency from 2016 to 2022 and earlier as mayor of Davao City. The charges include involvement in at least 76 murders between 2013 and 2018, with estimates suggesting the actual death toll may be as high as 30,000. The prosecution argues that these actions constitute crimes against humanity under the Rome Statute.

The Straits TimesAmnesty InternationalUsNews and World ReportICC Prosecution opposes Duterte’s bid to skip in-person confirmation hearingICC prosecutors ask pre-trial chamber to deny Duterte's plea to skip confirmation of charges hearingProsecution opposes Duterte’s plea to skip ICC hearing

In a letter submitted to the ICC, Duterte expressed his refusal to recognize the court's jurisdiction, claiming he was "forcibly pushed into a jet and renditioned" to The Hague. He cited his age and health, stating, "I am old, tired, and frail," and expressed a desire for the court to respect his peace while in detention. His lawyer, Nicholas Kaufman, reiterated concerns about Duterte's cognitive state, although independent medical experts had previously deemed him fit for trial.

The Straits Times

The ICC prosecution opposed Duterte's request to skip the hearing, arguing that his objections to the court's authority do not justify his absence. Deputy Prosecutor Mame Mandiaye Niang emphasized that the court had determined Duterte was physically and mentally capable of attending the proceedings. Niang stated, "Mr. Duterte’s complaints that he is ‘old, tired, and frail’ are irrelevant," asserting that his refusal to attend stems from a lack of respect for the court rather than legitimate health concerns.

ICC prosecutors ask pre-trial chamber to deny Duterte's plea to skip confirmation of charges hearingVera FilesICC Prosecution opposes Duterte’s bid to skip in-person confirmation hearingProsecution opposes Duterte’s plea to skip ICC hearingAsia TimesICC grants Duterte’s absence from hearings next weekUsNews and World Report

Human rights organizations, including Amnesty International, view the confirmation of charges hearing as a critical opportunity for justice for victims of Duterte's policies. Agnès Callamard, Secretary General of Amnesty International, remarked that the proceedings underscore the principle that "nobody is above the law." Critics of Duterte's administration have long condemned the "war on drugs" for its widespread human rights violations.

Amnesty International

Following the confirmation hearings, the ICC judges will have 60 days to issue a written decision on whether to confirm the charges against Duterte. If confirmed, the case will proceed to trial, marking a significant moment in international law and accountability for alleged human rights abuses.

Amnesty International

• “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,” — Rodrigo Duterte

Rappler

• “The claim that I oversaw a policy of extrajudicial killings is an outrageous lie,” — Rodrigo Duterte

Asia Times

• “The ICC case reflects the determination of victims and their families to advance justice against all odds and dangers,” — Maria Elena Vignoli, Human Rights Watch

The Straits Times

• “Just as Duterte has the right to a fair trial, timely progress towards justice remains essential to uphold victims’ rights.” — Agnès Callamard, Amnesty International

Amnesty International