MANILA — Former president Rodrigo Duterte has formally asked the International Criminal Court (ICC) to excuse him from personally attending a key detention review hearing this week, even as confirmation of charges proceedings against him intensify in The Hague.
In a filing submitted to the ICC Pre-Trial Chamber, Duterte’s legal team said he intends to waive his right to appear at the annual hearing on the review of his pre-trial detention scheduled for February 27, 2026.
“The Defence for Rodrigo Roa Duterte hereby notifies the Pre-Trial Chamber of Mr. Duterte’s request to waive his right to attend the annual hearing under Rule 118(3) of the Rules of Procedure and Evidence. The hearing is presently scheduled for 27 February 2026 at 14:00,” the document read.
Defense counsel Nicholas Kaufman stressed that while the court is obligated to conduct periodic reviews of detention, the rules do not require the accused to be physically present.
“While Rule 118(3) obliges the Pre-Trial Chamber to hold a hearing on the issues of pre-trial detention at least once every year, it does not mandate the suspect’s appearance at such hearing,” the document further read.
The ICC confirmed receipt of the request but underscored that the matter will be decided by the judges. The court said proceedings may continue in Duterte’s absence if the waiver satisfies legal requirements.
“In accordance with 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 the suspect when the person has waived his right to be present. We are not in a position to comment on this matter at this stage, as it will be determined by the Judges in a public Decision.”
Duterte is currently detained in The Hague in connection with allegations of crimes against humanity linked to his administration’s anti-illegal drugs campaign. The case covers incidents that allegedly occurred during his tenure as mayor of Davao City and later as president.
The detention review hearing comes as the ICC continues its confirmation of charges proceedings this week, with additional sessions set through February 27. The court earlier denied Duterte’s request for interim release and previously allowed proceedings to move forward without requiring his physical attendance after granting a similar waiver.
Despite his detention, Duterte has consistently maintained that he does not recognize the ICC’s jurisdiction over him.
His legal team earlier conveyed pessimism about the outcome of the confirmation hearings, even as they continue to contest the charges before the international tribunal./PN
