THE HAGUE, Netherlands — The International Criminal Court (ICC) announced on Friday, February 20, 2026, that it has approved a request from former Philippine President Rodrigo Duterte to waive his presence at the upcoming confirmation of charges hearings.
The hearings, scheduled for February 23-24 and February 26-27, 2026, are intended to determine whether there is sufficient evidence to bring Duterte to trial for crimes against humanity related to his administration’s “war on drugs.”
Key Details of the Ruling:
- Presence Waived: Duterte will not be present in any of the sessions next week. The Pre-Trial Chamber I stated that Duterte demonstrated a clear understanding of his right to be present and the consequences of waiving it.
- Health Not a Factor: The court explicitly noted that the waiver was not granted for health reasons. Medical experts recently found Duterte “physically and mentally fit” to attend.
- Reasoning for Absence: Duterte’s defense argued that he does not recognize the ICC’s jurisdiction and has previously referred to his presence in The Hague (where he has been detained since March 2025) as a result of being “kidnapped.”
- Prosecution Opposition: Deputy Prosecutor Mame Mandiaye Niang had urged the court to deny the request, arguing that Duterte’s refusal to acknowledge the court’s legitimacy was not a valid reason to skip the hearings.
What Happens Next?
Duterte remains a “suspect” at this stage. Following the hearings, the chamber has 60 days to decide whether to confirm the charges.
- If charges are confirmed: Duterte will officially be considered an “accused” and must be present for the subsequent trial, as mandated by the Rome Statute.
- The Charges: Duterte is suspected of three counts of crimes against humanity (murder and attempted murder) allegedly committed between November 2011 and March 2019, covering his tenures as Mayor of Davao City and President of the Philippines.
Duterte’s lead counsel, Nicholas Kaufman, stated that the law entitles the suspect to a waiver and criticized the prosecution for being “irritated” that they could not control the former president’s narrative.