The International Criminal Court (ICC) has granted former President Rodrigo Duterte’s request to waive his appearance at the upcoming confirmation of charges hearing in connection with a crimes against humanity case tied to his anti-drug campaign.
In a five-page decision dated February 20, ICC Pre-Trial Chamber I cited Article 61(2)(a) of the Rome Statute, which permits hearings to proceed without the accused if they have formally waived their right to attend.
“The Pre-Trial Chamber may […] hold a hearing in the absence of the person charged to confirm the charges on which the Prosecutor intends to seek trial when the person has […] waived his or her right to be present,” the tribunal said.
The chamber noted that Duterte’s written request met all legal requirements, including confirmation that he understood his right to be present and the implications of waiving it.
Prosecutors had opposed the waiver, arguing it was based on Duterte’s refusal to recognize ICC jurisdiction and his claim that the case is politically motivated. Despite these objections, the chamber ruled it was proper to move forward without him.
“The Chamber, while acknowledging the objections of the Prosecution and the CLRV, considers that, in the present circumstances of the case, it is appropriate to proceed with the hearing on the confirmation of charges in the absence of Mr Duterte,” the ruling stated.
The decision covers all sessions of the confirmation hearing, scheduled from February 23 to 27.
However, the chamber clarified that if Duterte also intends to skip the annual detention review hearing on February 27, he must file a separate waiver specifically addressing that proceeding.