Former President Rodrigo Duterte has asked the International Criminal Court (ICC) to excuse him from attending the annual hearing on his pre-trial detention set for February 27.
In a filing signed by his lawyer Nicholas Kaufman, the defense informed the ICC Pre-Trial Chamber of Duterte’s request under Rule 118(3) of the Rules of Procedure and Evidence.
“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… The hearing is presently scheduled for 27 February 2026 at 14:00,” Kaufman stated.
Kaufman explained that while the ICC is mandated to conduct a detention review at least once a year, the suspect’s physical presence is not compulsory. Judges may proceed in his absence if the waiver is accepted, subject to a public ruling.
Duterte’s appeal for interim release had earlier been denied. His confirmation of charges hearings began this week and are continuing on February 24, 26, and 27.
According to Kaufman, Duterte is “not holding up any hope” regarding the proceedings and has told the court he may die in detention in The Hague.
The ICC had previously allowed Duterte to waive attendance at his confirmation of charges hearing despite objections from prosecutors and representatives of the victims.
Duterte faces three counts of crimes against humanity for murder in connection with his anti-drug campaign during his tenure as Davao City mayor and later as president.
He has consistently maintained that he does not recognize the ICC’s jurisdiction.