ICC Permits Duterte to Waive Attendance as Confirmation Hearing Moves Forward

The International Criminal Court (ICC) has granted former Philippine president Rodrigo Duterte’s request to waive his right to attend his upcoming confirmation of charges hearing, paving the way for the proceedings to go ahead without him in The Hague next week.

In a ruling by Pre Trial Chamber I, judges accepted Duterte’s written waiver — signed by the former leader and submitted by his lawyers — which officially relinquishes his right to be present either in person or by video during the session set for February 23 27. The court found that the document met the legal requirements under the ICC’s rules, allowing the hearing to proceed in his absence.

ICC spokesperson Oriane Maillet clarified that Duterte’s absence is based entirely on his own request and not due to health reasons. A panel of medical experts had previously determined that he is medically fit to participate in the pre trial process.

Duterte’s lawyers have cited his refusal to recognize the ICC’s jurisdiction — stemming from the Philippines’ withdrawal from the Rome Statute — and personal reasons in seeking the waiver. In his letter, the 80 year old said he does not wish to “take part” in the proceedings and prefers to trust his legal team to represent him.

The ICC’s confirmation of charges hearing is a key pre trial stage where judges assess whether there are substantial grounds to believe that evidence supports the charges brought by prosecutors, which include alleged crimes against humanity tied to Duterte’s controversial war on drugs. If confirmed, the case would move toward a full trial.

Prosecutors and legal representatives for victims had urged the court to reject Duterte’s request, arguing that he should attend, and emphasized the importance of in person participation. However, the judges ruled that Duterte’s formal waiver was sufficient to allow proceedings to continue without him.

While Duterte may skip this pre trial stage, ICC rules state that he would be required to attend any future trial proceedings should the charges be confirmed and his case advance to that phase.

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