ICC grants Duterte request to skip own pre-trial hearing

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February 20, 2026 | 5:25pm

MANILA, Philippines — The International Criminal Court has allowed former President Rodrigo Duterte to sit out his own pre-trial hearing next week, granting his request to waive his right to attend the proceedings despite objections from both prosecutors and victims' representatives.  

The ICC Pre-Trial Chamber I issued the decision on Friday, February 20, clearing the way for the confirmation of charges hearing to proceed from February 23 to 27 without Duterte in the courtroom, either in person or via video link.

The confirmation of charges hearing next week, while not an actual trial, is where judges decide whether there is enough evidence to send Duterte's case to a full trial.

Duterte's defense team requested to waive his right to participate in the confirmation of charges hearing on February 16. Two days later, Duterte submitted a signed written request to the court, stating he understood his right to be present and the consequences of giving it up, which had been "thoroughly explained" to him by his lawyers, according to the decision.

Both the ICC Office of the Prosecutor and the Common Legal Representatives of Victims earlier opposed the request, arguing there was no reasonable cause for Duterte to skip the hearing. 

The chamber, however, found Duterte's signed waiver met the requirements of the Rome Statute and its own procedural rules. The court is allowed hold a confirmation hearing without the suspect, as long as the person has voluntarily waived the right to attend, according to its rules.

ICC spokesperson Caroline Manuel said in a statement that Duterte's absence is based solely on his own request to skip the hearing and not on health grounds. 

A panel of medical experts had found him fit to participate in the pre-trial proceedings, and the chamber affirmed this in a January 26 ruling.

Only during the confirmation hearing. Manuel said that should the charges be confirmed, the Rome Statute does not allow trials in absentia. Under Article 63(1), Duterte would be required to be present during trial.

The chamber also noted that if Duterte wishes to skip a separate annual hearing on his detention, scheduled for February 27, he would need to file a new waiver specifically for that proceeding.