ICC allows Duterte to skip confirmation hearings

MANILA, Philippines — Pre-trial judges of the International Criminal Court (ICC) yesterday allowed former president Rodrigo Duterte to skip his confirmation of charges hearing next week.

In a six-page decision, the ICC Pre-Trial Chamber I granted Duterte’s request to waive his right to attend – both in person and via video conference – the hearings scheduled on Feb. 23, 24, 26 and 27.

It said that Duterte’s signed request submitted by his lawyer Nicholas Kaufman is sufficient to fulfill the requirements for the waiver.

“The Chamber, while acknowledging the objections of the Prosecution and the CLRV (Common Legal Representative of the Victims), 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,” read the ruling.

ICC spokesperson Oriane Maillet clarified that Duterte’s absence next week “is based on the waiver of the suspect, not on reasons related to the health.”

“In regard of a panel of medical experts and legal circumstances of the case, the judges had found, on 26 January 2026, that Mr. Duterte fit to take part in the pre-trial proceedings,” she added.

In their ruling, the pre-trial judges noted that the defense’s submissions in the request “are speculative, have no impact on the Court proceedings and are irrelevant.”

It appears to be referring to Kaufman’s claims pertaining to Duterte’s medical condition.

In his request, Duterte claimed to be “old, tired and frail” and asked the judges to “respect (his) peace” inside his detention facility. He also reiterated that he does not recognize the jurisdiction of the ICC.

ICC deputy prosecutor Mame Mandiaye Niang earlier opposed the request, saying there is no reasonable cause for Duterte not to appear during his confirmation hearing.

“Mr. Duterte is not entitled to unilaterally excuse himself from attending the proceedings in-person. It is ultimately for the Chamber to decide ‘whether there is cause’ to hold the confirmation hearing in the absence of the suspect,” read Niang’s court filing.

“If a suspect fails to demonstrate adequate cause, the Chamber may order them to appear before the Court during the proceedings. In the past practice of this Court, requests to be excused from any stage of proceedings have been granted sparingly, and in the context of trial proceedings have been recognized as being ‘exceptional’ in nature,” he added.

Under ICC’s Rules of Proceedings and Evidence, a confirmation hearing “shall only be held when the Pre-Trial Chamber is satisfied that the person concerned understands the right to be present at the hearing and the consequences of waiving this right.”

“The Chamber assessed that the information included in the Request, signed by Mr. Duterte, is sufficient to fulfil the requirements provided for in such provisions,” Maillet said, referring to the pre-trial chamber’s decision.

“In particular, the Chamber noted that Mr. Duterte stated that he 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,” she added.

The ICC spokesperson noted that should the charges be confirmed, the ICC does not permit trials to take place in the absence of the accused.

“Since his transfer to the Court, Mr. Duterte has been detained at the ICC Detention Center in Scheveningen, in The Hague, the Netherlands,” said Maillet.

“The Detention Center meets the highest international human rights standards for the treatment of detainees. Detained persons are presumed by the Court to be innocent until proven guilty beyond reasonable doubt,” she added.

President Marcos not monitoring

President Marcos will not be monitoring the hearings of the ICC on the confirmation of charges against former president Duterte, Presidential Communications Undersecretary Claire Castro said yesterday, stressing that the Chief Executive is only keeping an eye on matters that concern national interest.

“There is no need for the President to monitor this. As we said, what the President monitors is the interest of our country. If anything happens in the hearing, it will be personal to former president Duterte,” Castro said.

However, given that complainants in the case are also Filipinos, the President would be “updated” about the ICC proceedings, the Palace press officer said.

“He will not monitor it, but of course the President needs to be updated on everything that is happening because our fellow Filipinos are involved in this,” she said.

Bishop: Philippines justice ‘unaffordable’

Justice in the Philippines remains ‘unaffordable to those who need it most,’ Caloocan Bishop Pablo Virgilio Cardinal David said yesterday amid calls from some senators to allow local courts to handle cases on extra-judicial killings (EJKs).

“So what’s wrong with our justice system? It punishes poverty more harshly than crime. It delays hearings, pressures admissions and makes freedom dependent on one’s ability to pay. The law promises equal protection, but in practice, justice in our country remains unaffordable to those who need it most,” David said on Facebook.

Senate President Pro Tempore Panfilo Lacson said that Philippine courts must be respected in whatever course of action the ICC may take.

Sen. Bam Aquino also said that “ideally,” cases involving alleged EJKs during the Duterte administration’s drug war should be tried in Philippine courts.

“Until truth becomes accessible without a price tag, we cannot honestly say we have a functioning justice system at all,” David said.

“I have seen this pattern before, especially during the years when our jails in Caloocan, Malabon and Navotas overflowed with drug-related cases, most of them non-bailable. Many pleaded guilty, not because they had committed any drug-related offense, but because it was the quickest way out, those who admitted guilt simply to avoid prolonged detention,” David said, noting that the system subtly teaches the poor to confess first and ask questions later.

‘Rights of the accused’

For his part, Sen. Robinhood Padilla yesterday said Duterte’s rights as an accused before the ICC should be defended.

Padilla made the statement in a Zoom press briefing yesterday ahead of the news that the ICC Pre-Trial Chamber I granted Duterte’s waiver to appear in the confirmation hearings next week.

“It’s his right as an accused if he does not want to appear, especially he is old already. We feel that ICC is biased,” Padilla said in Filipino.

“If their argument is about human rights, all our human rights is equal. If those who hate Digong have rights, those who love him should also have rights, because all of us are human,” Padilla said. — Bella Cariaso, Marc Jayson Cayabyab, Helen Flores