MANILA — The International Criminal Court (ICC) has granted former president Rodrigo Duterte permission to skip his scheduled detention review in The Hague, ruling that his physical presence is not required under the court’s procedures as confirmation-of-charges hearings enter a crucial phase.
In a ruling issued February 25, the ICC Pre-Trial Chamber I approved Duterte’s written request, submitted two days earlier, formally waiving his right to attend the proceeding. The 80-year-old former leader remains in ICC custody over allegations stemming from his anti-drug campaign.
“The Chamber notes Mr. Duterte’s statements that he understands that he has a right to be present at the hearing but ‘wish[es] to waive this right’ and that his ‘Counsel has explained to [him] the legal consequences emanating from such a waiver,’” the ICC Pre-Trial Chamber I said.
The chamber underscored that attendance is not mandatory under its legal framework.
“Considering that nothing in the Court’s legal framework requires the presence of the suspect at the hearing mandated by rule 118(3) of the Rules, the Chamber finds that, in the present circumstances, it is appropriate to grant Mr. Duterte’s Request.”
The detention review will proceed at the ICC headquarters in The Hague as judges weigh whether Duterte should continue to be held while the confirmation-of-charges process moves forward.
Duterte earlier informed the court that he does not recognize the ICC’s authority over him. Citing his age and health, he described himself as “old, tired and frail,” and said he preferred to remain in the detention facility rather than attend the proceedings in person.
Confirmation-of-charges hearings began earlier this week, with ICC prosecutors accusing Duterte of three counts of crimes against humanity, including murder and attempted murder, allegedly committed in connection with anti-narcotics operations during his tenure as Davao City mayor and later as president.
Prosecutors outlined incidents they said were tied to the anti-drug campaign and identified individuals they described as co-perpetrators, referencing several high-profile killings, including those of local officials and a teenager.
Lawyers representing victims said prosecutors had met the legal threshold required for the case to proceed to trial. Duterte’s defense team, however, rejected the accusations.
Defense lawyer Nicholas Kaufman described the case as “wholly insufficient” and accused prosecutors of selectively citing Duterte’s public statements. He said the speeches referenced did not establish “criminal intent.”
Kaufman further characterized the allegations as “grievously misplaced and politically motivated” and urged the court to allow Duterte to return home.
Duterte has been detained at the ICC facility in Scheveningen since his arrest in March 2025. His earlier request for temporary release was denied in November 2025, with judges ruling that he would remain in custody as legal proceedings continue./PN
