From Reuters

By Noriko Yamamoto

On Friday, February 20, the International Criminal Court (ICC) permitted former Philippine President Rodrigo Duterte to waive his attendance at his upcoming pre-trial hearing for crimes against humanity charges linked to his administration’s “war on drugs” and his alleged involvement in extrajudicial killings.

The ICC Pre-Trial Chamber I announced that the confirmation of charges hearing will proceed from Monday, February 23, to Friday, February 27, according to The Hague local time (CET), without Duterte’s face-to-face or online presence.

His legal team submitted the waiver request, and Duterte followed up with a signed statement acknowledging his right to attend and the consequences of giving it up.

Prosecutors and victims’ representatives opposed the move, insisting there was no valid reason for him to miss the proceedings.

The chamber ruled that Duterte’s written waiver complied with the Rome Statute and ICC procedural rules, which allow hearings to continue if the accused voluntarily declines to attend.

The ICC also noted that Duterte’s waiver is “sufficient to fulfil the requirements provided for in such provisions.” 

Nicholas Kaufman, Duterte’s lead counsel, stated, “Despite the Prosecution and legal representatives’ desire to force the former President into court, the judges ruled the waiver was procedurally appropriate.”

However, ICC spokesperson Oriane Maillet clarified that Duterte’s absence is his personal choice and is not related to health concerns.

ICC judges previously determined he was fit to participate in the pre-trial proceedings, despite his camp’s assertions of alleged cognitive decline.

The court emphasized that the waiver applies only to the confirmation hearing, and if charges are confirmed, he must be present at trial under Article 63(1) of the Rome Statute.

Furthermore, the chamber noted that Duterte would need to file a separate waiver if he intends to skip the detention review hearing scheduled for February 27.