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February 19, 2026 | 3:45pm
Former Philippine president Rodrigo Duterte and former senator and human rights campaigner Leila de Lima attend a senate probe on the drug war during Duterte's administration on Oct. 28, 2024.
AFP / Jam Sta. Rosa
MANILA, Philippines — Former president Rodrigo Duterte has asked the International Criminal Court to excuse him from attending his confirmation of charges hearing, reiterating his counsel's claims that he is "old and frail" and would "forget within minutes" details of the proceedings.
Rep. Leila de Lima (ML Party-list), however, said Duterte's signed waiver and declaration contradict that assertion, noting that the document shows he is capable of instructing his defense team and remains of "sound mind."
"Its legal effect is based on the premise that he understood the statement so as to affix his signature to it. It is evidence against Kaufman's own argument that Duterte is not fit to stand trial because he is supposedly unable to give instructions for his defense," De Lima said in a statement on Thursday, February 19.
"The statement is clear evidence that Duterte is able to defend himself," she added.
The letter Duterte signed and submitted to his lawyer, Nicholas Kaufman, was released on February 18. Not only did he waive his right to attend the hearings scheduled for February 23 to 27, but he also maintained that the ICC has no jurisdiction over incidents that occurred during his administration.
In his statement, Duterte also maintained that he had been "kidnapped," echoing a narrative repeatedly advanced by his family and supporters since his arrest in March 2025.
That argument, however, backfired in his bid for interim release. The ICC Pre-Trial Chamber I and Appeals Chamber rejected his bid for temporary release, taking into consideration how his supporters had characterized his arrest as "kidnapping" and had resisted efforts to take him into custody — circumstances the chamber cited in concluding that he remains a flight risk.
De Lima said Duterte's statement was crafted to generate sympathy, calling it propaganda when he stated he might even die in detention.
She also suggested it could be a legal strategy or a preemptive move by his defense team to avoid damage control, recalling his erratic performances in past congressional hearings on the drug war and alleged extrajudicial killings.
"Kaufman's preemptive damage control because his client is unpredictable even in formal proceedings like in the Senate and House hearings. This is more for the benefit of Kaufman than an authentic show of defiance," De Lima said.
The minority lawmaker, however, also believes that Duterte's statement was not something he prepared himself, saying the former president "does not speak in such a controlled manner."
"Duterte would have boasted that he implemented the drug war to save his country, rather than deny that any state-sponsored mass execution ever happened," she said. "Duterte never denied the substance of his drug war. He always boasted about killing and ordering the killing of drug war victims."
During the House Quad Comm hearings in November 2024, Duterte admitted providing additional funds and incentives to police officers who conducted anti-illegal drug operations. He even called them a "reward."
Duterte also repeatedly said he would not apologize for the implications of his drug war, even saying he would "take full responsibility" for the actions of his police officers since he "gave the order."
In 2018, he also confessed that his "only sin is the extrajudicial killings."
"For him to say now that he did not order killings is an act of outright contempt for all Filipinos who lived through the nightmare of his drug war," De Lima said.
Duterte's confirmation of charges hearing is set to start on February 23, where the prosecution and defense will be presenting evidence and witnesses to argue before the Pre-Trial Chamber I whether or not the former president's crimes against humanity case should proceed to trial.
The ICC Prosecution charged Duterte with three counts of crimes against humanity of murder, specifically for at least 76 killings and other violent crimes committed from 2013 to 2018.
