The Hague, Netherlands – Former Philippine President Rodrigo Duterte has requested to waive his right to attend his confirmation of charges hearings in person, introducing uncertainty into the pre-trial proceedings scheduled to commence Monday, February 23.
Duterte’s Waiver
In a letter submitted to the International Criminal Court (ICC) on Wednesday, February 18, Duterte stated, “I do not wish to attend legal proceedings that I will forget within minutes. I am old, tired, and frail. I wish for this Court to respect my peace inside the cell it has placed me.” The letter, typed for him on February 17, was submitted by his lawyer, Nicholas Kaufman.
ICC rules allow the pre-trial chamber to proceed with the hearings even without Duterte’s presence, should they deem it appropriate. Alternatively, they could deny the request and compel his appearance. The judges have until Friday, February 20, to make a decision.
Kaufman explained that the request was filed Wednesday given that the pre-trial chamber required Duterte’s personal execution of the waiver. Kaufman stated, “Mr. Duterte is not now capable of ‘personally executing’ anything, let alone writing a legally reasoned waiver in his own hand.” He confirmed that Duterte verbally dictated the waiver on February 16, which was then typed and re-approved on February 17.
While ICC rules permit suspects to follow proceedings remotely via videolink, Duterte has declined even that option. He stated, “I understand the consequences of my waiving this right… I do not wish to follow these proceedings from outside the courtroom through the employ of communications technology.”
Duterte is facing three counts of murder, considered crimes against humanity, relating to 49 incidents spanning from the Davao Death Squad era to the “war on drugs,” resulting in the deaths of 78 victims. Kaufman reiterated his request that Duterte is cognitively impaired, despite an independent panel of medical experts finding him fit to participate in the pre-trial hearings.
What Happens Next?
The ICC pre-trial chamber judges must now decide whether to proceed with the confirmation of charges hearings without Duterte’s presence. If they allow the hearings to continue, the prosecution will present evidence to determine if the case should proceed to trial. If the judges deny the waiver, Duterte would be required to appear. Victims of the drug war, their lawyers, and Filipino journalists are already arriving in The Hague in anticipation of the proceedings.
Frequently Asked Questions
What charges does Duterte face?
Duterte is accused of three counts of murder that constitute crimes against humanity, covering 49 specific incidents of killings from the Davao Death Squad to the “war on drugs,” resulting in 78 deaths.
When are the confirmation of charges hearings scheduled?
The confirmation of charges hearings are scheduled from February 23 to February 27, 2026.
What is Duterte’s stated reason for waiving his right to appear?
Duterte stated he does not recognize the ICC’s jurisdiction, feels he was “kidnapped” and renditioned to The Hague, and does not wish to participate in proceedings he believes he will not remember due to his age and frailty.
As the ICC considers Duterte’s request, what implications might this decision have for the pursuit of justice for alleged crimes committed during the Philippines’ “war on drugs”?
