BREAKING: Duterte Gets Wish to Skip ICC Hearings
The decision allows the high-profile proceedings against the former Philippines president to move forward in his absence.
THE HAGUE – The Pre-Trial Chamber I of the International Criminal Court (ICC) has officially granted a request from former Philippine President Rodrigo Roa Duterte to waive his right to attend his upcoming confirmation of charges hearing. The decision, issued on February 20, 2026, allows the high-profile proceedings to move forward in his absence.
The confirmation of charges hearing, a pivotal stage in the case of The Prosecutor v. Rodrigo Roa Duterte, is scheduled to commence on February 23, 2026. Under the Rome Statute, the chamber has the authority to hold these proceedings without the accused if the individual has voluntarily waived their right to be present.
Read the ICC chamber’s decision.
The legal maneuver began on February 16, 2026, when the defense first submitted observations regarding the hearing. Following a court order, Duterte submitted a formal written request, which he personally signed, on February 18, 2026, explicitly asking to waive his presence.
However, the request faced significant pushback from the legal representatives of those affected by the case. The Office of the Prosecutor and the Common Legal Representatives of Victims (CLRV) both filed formal oppositions to the waiver on February 17 and 18. The Prosecution further argued that there was no “reasonable cause” for Mr. Duterte to fail to appear in person.
Despite these objections, the three-judge panel—consisting of Presiding Judge Iulia Antoanella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge María del Socorro Flores Liera—ruled in favor of the former president. The chamber stated it was satisfied that Duterte fully understands his right to be present and the legal consequences of waiving it, noting that these details had been “thoroughly explained” to him by his legal counsel.
While the judges dismissed some of the defense’s supporting arguments as “speculative” and “irrelevant” to the legal assessment, they concluded that it was appropriate to proceed with the hearing in Duterte’s absence. This ruling applies to all scheduled sessions of the confirmation hearing.
The court clarified that this waiver is not an open-ended pass for all future proceedings. Should Duterte wish to also skip the annual hearing on detention, currently scheduled for February 27, 2026, he must submit a separate, strictly limited waiver for that specific hearing.
As part of the decision, the chamber has ordered the prosecution, the defense, and the victims’ representatives to prepare public redacted versions of their previous confidential filings to ensure transparency as the case moves toward its next phase.
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