ICC grants Duterte's request to skip confirmation of charges hearing

The International Criminal Court (ICC) Pre-Trial Chamber I has granted the request of former President Rodrigo Duterte to waive his right to attend his confirmation of charges hearing next week in connection with his war on drugs.

In its decision dated February 20, 2026, the Chamber said the defense filed observations and a formal request on February 16 under Rule 124 of the Rules of Procedure and Evidence, seeking to allow Duterte to skip the hearing.

"The Chamber hereby grants the request; decides that the hearing on the confirmation of charges will be held in the absence of Mr. Duterte," the decision read.

It added, "The Chamber emphasized that under Article 61(2)(a) of the Rome Statute, a confirmation hearing may be held in the absence of the accused, provided the waiver is voluntary and the person fully understands its consequences."

Despite objections from the prosecution and the victims’ representatives, the Chamber ruled that Duterte’s signed request met the legal requirements and decided to proceed with the hearing without him.

However, the chamber clarified that the waiver applies only to the confirmation of charges hearing. Should Duterte also wish to skip the annual detention hearing set on February 27, 2026, he must file a separate and specific waiver.

Meanwhile, the chamber also ordered the defense, the prosecution, and the common legal representatives (CLRV) to state whether certain confidential filings may be reclassified as public or to submit redacted versions by 4:00 p.m. on February 20, 2026.

The confirmation of charges hearing will be held on February 23, February 24, February 26, and February 27.

DAY IN COURT: ICC Hearings on the Charges vs. Duterte

Earlier this week, Duterte waived his right to attend the hearings for for several reasons, but mainly because he does not recognize the ICC's jurisdiction over him. He attested that he understands his right to be present at the hearing and the consequences of waiving that right, which were "thoroughly explained'” to him by his counsel.

Not about health

ICC spokesperson Oriane Maillet told the media, "Note that the suspect's absence next week is based on the waiver of the suspect, not on reasons related to the health."

Maillet stressed that the Pre-Trial Chamber I previously found that Duterte was fit to take part in the pre-trial proceedings.

She said that under Article 61, Paragraph 2(a) of the Rome Statute and Rule 124 of the Rules of Proceedings and Evidence, the Pre-Trial Chamber may hold a hearing in the absence of a suspect when he has waived his right to be present.

"The Chamber assessed that the information included in the Request, signed by Mr. Duterte, is sufficient to fulfill the requirements provided for in such provisions," Maillet said.

"In particular, the Chamber noted that Mr Duterte stated that he understands he has the right to be present at the confirmation hearing and the consequences of waiving this right, which have been thoroughly explained to him by his Counsel," she added.

However, Maillet said that should the charges be confirmed, the ICC does not permit trials to take place in the absence of the accused.

Victims' families dismayed

The group Rise Up for Life and for Rights and relatives of drug war victims expressed disappointment over Duterte’s move to waive his appearance.

Llore Pasco, who lost her sons Crisanto and Juan Carlos in anti-drug operations in May 2017, said, "Duterte is just a coward desperate to escape accountability."

She rejected Duterte's claim that he is "old, tired and frail," saying he never complained of being weak when he allegedly ordered police to kill.

Rise Up noted that Pre-Trial Chamber I had earlier declared Duterte fit for pre-trial proceedings after a series of medical examinations by a panel of experts.

Pasco said she plans to travel to The Hague, hoping to see Duterte as the charges against him are read, but added that even if he does not appear, the move is still a “small but significant step toward justice.”

'Kidnapping' claim

Meanwhile, Malacañang on Friday questioned Duterte’s repeated claim that he was "kidnapped."

"Tayo nga po'y lubhang nagtataka dahil patuloy nila itong ginagawang naratibo. Ang purpose lang nito sirain, ibagsak ang imahe ng ating Pangulo [Marcos] dahil mismong si dating Pangulong Duterte ang nagsabi na siya ay willing magpaaresto kapag nandyan na ang warrant of arrest," Palace Press Officer Usec. Claire Castro said.

(We are very puzzled because they continue to peddle this narrative.The only purpose of this is to weaken the image of our President [Marcos] because President Duterte himself said that he was willing to be arrested if there is a warrant for his arrest.) 

Castro cited a March 10, 2025 news report quoting Duterte as saying he would accept arrest and was not afraid of the ICC, even urging the court to hurry up with its investigation.

"Paano nila masasabing may kidnapping kung mismong si dating Pangulong Duterte handang magpaaresto kapag ang warrant of arrest ng ICC nandiyan na?" Castro asked.

(How can they say that there was a kidnapping when former President Duterte himself said he was prepared to be arrested if an ICC warrant of arrest has already been issued.)

Over the weekend, the ICC released the Document Containing the Charges (DCC) submitted by the prosecution that named the former president's alleged co-perpetrators in the war against drugs, as well as the charges against him to be read in next week’s hearing.

They are are Senator Ronald "Bato" Dela Rosa, Senator Bong Go, lawyer Vitaliano Aguirre II, and former officials Vicente Danao, Camilo Cascolan, Oscar Albayalde, and other officials.  

Based on government records, around 6,200 drug suspects were killed during the Duterte administration's anti-drug operations. Human rights organizations, however, say that the number may reach 30,000 due to the unreported related killings. — VDV, GMA Integrated News