Duterte seeks to waive right to attend Feb. 27 ICC detention hearing
Former president Rodrigo Duterte has requested to waive his right to attend his Feb. 27 detention hearing at the International Criminal Court's pre-trial chamber.
It would be on the last day of Duterte's confirmation of charges hearings, which began on Feb. 23.
"The Defence for Rodrigo Roa Duterte hereby notifies the Pre-Trial Chamber of Mr. Duterte's request to waive his right to attend the annual hearing under Rule 118(3) of the Rules of Procedure and Evidence. The hearing is presently scheduled for 27 February 2026 at 14:00," read the document signed by Duterte's lead counsel Nicholas Kaufman on Feb. 23.
“While Rule 118(3) obliges the Pre-Trial Chamber to hold a hearing on the issues of pre-trial detention at least once every year, it does not mandate the suspect’s appearance at such hearing,” added Kaufman.
In a letter signed by Duterte also on Feb. 23, the former president wrote, "I, Rodrigo Roa Duterte, have been explained by my Counsel that an annual hearing must take place in order to review my detention."
"I understand that I have a right to attend this hearing, which is presently scheduled for 27 February 2026. However, I wish to waive this right," he continued.
"My Counsel has explained to me the legal consequences emanating from such a waiver and I trust him and my ICC legal team to represent me faithfully," Duterte added.
He said he also chooses not to attend the hearing online.
In response, ICC wrote, "In accordance with article 61, paragraph 2(a), of the Rome Statute and Rule 124 of the Rules of Proceedings and Evidence, the Pre-Trial Chamber may hold a hearing in the absence of the suspect when the person has waived his right to be present. We are not in a position to comment on this matter at this stage, as it will be determined by the Judges in a public Decision."
Duterte previously waived his right to attend his confirmation of charges hearings this week.
Duterte's ICC case
Duterte has been at the ICC since March 12, 2025, following his arrest at Ninoy Aquino International Airport.
He is facing charges for crimes against humanity, specifically two counts of murder and one count of murder and attempted murder that were allegedly committed between 2013 and June 2016, and between July 2016 and September 2018 in relation to his war on drugs campaign in the Philippines.
His camp has made appeals for interim release, but The Hague tribunal has rejected them as he "continues to pose a flight risk."
A survey by research firm WR Numero revealed that 44% of 1,412 Filipinos believe that Duterte should stay in The Hague and continue to stand trial at the ICC, while 33% disagree with it.
During the Feb. 23 ICC hearing, Kaufman said Duterte "absolutely" maintains his innocence as he accused the prosecution of "cherry-picking" through Duterte's speeches, adding that many of them insist on the importance of sticking to the law. He noted that the former president's speeches did not have "lethal intent" but aimed to "instill fear in the hearts" of criminals. Kaufman also told ICC judges that the evidence against Duterte was "wholly insufficient" and the charges were "grievously misplaced and politically motivated."
Duterte's confirmation of charges hearing is taking place from Feb. 23-27. In the proceedings, judges will see whether it should be turned into a full trial—a decision that could take up to 60 days.