THE HAGUE, Netherlands — Former Philippine President Rodrigo Duterte will not attend the upcoming International Criminal Court (ICC) hearing on charges of crimes against humanity, after Pre-Trial Chamber I approved his request to be absent.
The hearing on the confirmation of charges related to Duterte’s war on drugs is scheduled for Feb. 23–24 and Feb. 26–27. ICC spokesperson Oriane Maillet said the chamber found Duterte’s waiver of his right to be present “sufficient to fulfill the requirements of the Rome Statute.”
The chamber emphasized that Duterte’s absence is unrelated to health issues, noting he has been deemed “fit to attend” by a panel of medical experts. His presence is not required at this stage, though any trial would require him to appear.
Duterte’s defense maintains that the former president does not recognize the ICC’s jurisdiction. Lead counsel Nicholas Kaufman said Duterte is legally entitled to waive his presence.
The prosecution opposed Duterte’s absence, arguing he provided no compelling reason and remains fit and competent to attend. Deputy Prosecutor Mame Mandiaye Niang said Duterte’s claims of frailty were irrelevant and reflected a refusal to respect the court rather than health concerns.
After the hearing, the chamber will decide within 60 days whether to confirm any of the charges. If confirmed, Duterte will be formally considered an accused, and the case will proceed to trial.
Duterte is suspected of three counts of crimes against humanity—murders linked to the Davao Death Squad during his tenure as mayor of Davao City, killings of “high-value targets” during his presidency, and killings and attempted killings in barangay “clearance operations.” Duterte has been held at an ICC detention facility in The Hague since March 2025.