Rodrigo Duterte Refuses ICC Hearing, Cites Non Recognition of Court’s Jurisdiction

Former Philippine president Rodrigo Duterte has formally waived his right to attend the International Criminal Court (ICC) confirmation of charges hearing set to begin next week, saying he does not recognize the tribunal’s authority and no longer wishes to take part in the proceedings.

Duterte’s legal team submitted a letter dated February 17 to the ICC’s Pre Trial Chamber I in The Hague, stating that the former president will not be attending the hearing — either in person or by video — scheduled from February 23 27. In the document, Duterte wrote that he is “old, tired, and frail,” and asked the court to respect “my peace inside the cell it has placed me,” as he rejects the court’s jurisdiction over him.

The hearing is a key pre trial stage in the case brought by ICC prosecutors, who accuse Duterte of crimes against humanity in connection with thousands of killings during his controversial anti drug campaign, both as president and earlier as mayor of Davao City.

Duterte has been in ICC custody at the Detention Centre in Scheveningen, the Netherlands, since his surrender last year following an arrest warrant issued over allegations tied to the Philippines’ war on illegal drugs.

The confirmation of charges hearing is designed to allow judges to assess whether there is a sufficient legal and factual basis — “substantial grounds to believe” — to confirm one or more of the charges and refer the case to trial. During the hearing, prosecutors present their evidence, the defense may challenge it, and lawyers for victims can make their submissions.

Duterte’s decision to waive attendance underscores his ongoing rejection of the ICC’s authority, a position his defense has repeatedly stressed. The defense has argued that the court lacks jurisdiction over him, especially since the Philippines withdrew from the Rome Statute in 2019, although the ICC maintains it may exercise jurisdiction for alleged crimes committed while the country was still a member.

In recent months the court’s medical panel and judges found that Duterte is fit to participate in pre trial proceedings, a ruling the defense challenged as part of its efforts to delay or block key stages of the case.

Observers say whatever the outcome of next week’s hearing; Duterte’s refusal to engage directly with the process will be a defining feature of his ICC case moving forward.