THE INTERNATIONAL Criminal Court (ICC) Prosecution nixed the request by former President Rodrigo Duterte to waive his presence at his upcoming confirmation of charges hearing, set to begin on Feb. 23, 2026 .
In a six-page filing dated Feb. 19, the prosecution argued that the 80-year-old former leader is “fit, available, and has no reasonable cause” to skip the proceedings in person.
The prosecution’s opposition centers on the principle that an accused cannot unilaterally decide to be absent from court.
Deputy Prosecutor Mame Mandiaye Niang emphasized that only the Pre-Trial Chamber I has the legal power to excuse an accused’s absence, and such requests are granted only under “exceptional” circumstances.
The prosecution dismissed claims that Duterte is too “old, tired, and frail” to attend.
They noted that a unanimous panel of independent medical experts previously found him physically and mentally fit to participate, provided certain accommodations (such as shorter sessions and hourly breaks) are met.
The chamber said Duterte’s refusal to even watch via video link demonstrated his “lack of respect for the court” rather than a genuine health concern.
Duterte’s lead counsel, Nicholas Kaufman, submitted the waiver request on Feb. 18, accompanied by a personal statement from the former president.
In his statement, Duterte said:”I do not recognize the jurisdiction of the International Criminal Court over my person. I do not wish to attend legal proceedings that I will forget within minutes.”
Duterte further insisted that his arrest on March 11, 2025 , and subsequent transfer to The Hague constituted a “kidnapping” facilitated by the current Philippine administration.
