Rowegie Abanto

Former Philippine president Rodrigo Roa Duterte's initial appearance before Pre-Trial Chamber I of the International Criminal Court, March 14, 2025. Handout/ICC/File

Article (news)

Zen Hernandez

ABS-CBN News

MANILA (UPDATED) — The International Criminal Court has said that the confirmation of charges hearing on former President Rodrigo Duterte&#x27;s crimes against humanity case will proceed even without his attendance.Duterte earlier <a href="https://www.abs-cbn.com/news/nation/2026/2/18/duterte-waives-appearance-in-icc-confirmation-hearing-insists-lack-of-jurisdiction-2147">requested to waive his right to appear in court</a> by refusing to recognize the jurisdiction of the ICC over him as well as by citing his alleged failing health.In a decision released Friday, the Pre-Trial Chamber I of the ICC said conducting the pre-trial hearings will proceed even without Duterte&#x27;s presence and that setup will apply &quot;to all sessions of the hearing on the confirmation of charges.&quot;<div> </div><div>WHY ICC ALLOWED DUTERTE TO SKIP PRE-TRIAL HEARINGS</div>The court noted that Article 61, Paragraph 2 (a), of the Rome Statute — the treaty that created the ICC — and Rule 124 of the Rules of Proceedings and Evidence allow the Pre-Trial Chamber to hold a hearing in the absence of the suspect when the person has waived their right to be present.According to the ICC, the information included in Duterte&#x27;s request, which he signed, is &quot;sufficient to fulfil the requirements provided for in such provisions.&quot; It pointed out that Duterte &quot;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.&quot;&quot;Moreover the Chamber considers that, in the present circumstances of the case, it is appropriate to proceed with the hearing on the confirmation of charges in the absence of Mr Duterte.&quot;In reaction to the court&#x27;s decision to allow Duterte to skip the pre-trial hearings, Nicholas Kaufman, Duterte&#x27;s lead counsel, said, &quot;Despite the Prosecution and legal representatives’ desire to force the former President into court, the judges ruled the waiver was procedurally appropriate.&quot; <div> </div><div>&#x27;TRIALS CAN&#x27;T BE HELD WITHOUT ACCUSED&#x27;</div>The &quot;confirmation of charges&quot; hearing, taking place over four days, will determine whether there is enough evidence against Duterte to proceed to a trial.And when charges against Duterte have been confirmed, the ICC noted that it does not allow trials to take place in the absence of the accused.&quot;Under Article 63(1) of the Rome Statute, the accused shall be present during the trial,&quot; it said.It also stressed that Duterte&#x27;s looming absence during the four-day hearings is based on his waiver and &quot;not on reasons related to [his] health.&quot;ICC judges previously found that Duterte is fit to take part in the pre-trial proceedings despite his camp&#x27;s assertions of his alleged cognitive decline.Duterte was arrested on March 11, 2025 on his arrival from Hong Kong at the request of the ICC as part of its probe into his &quot;war on drugs&quot; that defined his presidency.The ICC warrant for Duterte&#x27;s arrest said that as president, Duterte allegedly created, funded, and armed death squads that carried out murders of purported drug users and dealers.He was brought to The Hague in the Netherlands on the same day he was arrested.Duterte on March 14, 2025 appeared via video link before ICC judges. Duterte’s confirmation of charges hearing, which was supposed to be held last September 23, was postponed to a later date, citing a request from Duterte&#x27;s defense team.The ICC Pre-Trial Chamber has rejected the request of Duterte&#x27;s defense team for his interim release.The chamber has scheduled the confirmation of charges hearing for Duterte to take place from February 23 to 27, 2026, at The Hague, Netherlands.

The International Criminal Court on Friday said that the confirmation of charges hearing on former President Rodrigo Duterte's crimes against humanity case will proceed even without his attendance.

The International Criminal Court on Friday said that the confirmation of charges hearing on former President Rodrigo Duterte's crimes against humanity case will proceed even without his attendance.

ICC says Duterte's pre-trial hearing can proceed even without his presence

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ICC says Duterte's pre-trial hearing can proceed even without his presence

Rowegie Abanto,

Zen Hernandez,

ABS-CBN News

Published February 20, 2026 05:24 PM PHT

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Updated February 20, 2026 06:09 PM PHT

Read More:

Rodrigo Duterte

ICC

Confirmation of Charges

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