The International Criminal Court (ICC) in The Hague will proceed with a hearing regarding potential detention for former Philippine President Rodrigo Duterte, despite his request to be excused from the proceedings. Pre-Trial Chamber I granted Duterte’s request on February 25, acknowledging his right to be present but respecting his decision to waive that right, according to a four-page decision.
Duterte, through his legal counsel, stated he trusts his legal team – led by Nicholas Kaufman – to represent him adequately. “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. I do not wish to follow this hearing from outside the courtroom through the use of communications technology,” he said in his waiver.
This decision follows Duterte’s earlier waiver of appearance at the confirmation of charges hearing. He previously expressed a lack of faith in the proceedings, stating, “I do not wish to attend legal proceedings that I will forget within minutes. I am old, tired, and frail. I wish for this Court to respect my peace inside the cell it has placed me.”
Duterte was arrested on March 11, 2025, and transported to The Hague the same evening. He faces three counts of murder as crimes against humanity, stemming from allegations of his role as an “indirect co-perpetrator” in extrajudicial killings linked to his “war on drugs.” The alleged crimes occurred between November 1, 2011, and March 16, 2019, encompassing his time as mayor of Davao City and later as President of the Philippines.
The ICC’s confirmation of charges hearing, which began on Monday, February 23, 2026, aims to determine if there is sufficient evidence to proceed to a full trial. Judges are assessing whether there are “substantial grounds to believe” that Duterte committed the crimes charged by the ICC Prosecutor, according to Presiding Judge Iulia Antoanella Motoc. The chamber has clarified that it will not make any determination of guilt or innocence during this phase.
Prosecutors allege that Duterte authorized murders, provided resources, offered incentives, and established a system to protect those who carried out the killings. They contend that a “widespread and systematic attack” was directed against the civilian population of the Philippines. According to prosecutors, the case includes allegations related to killings by the “Davao Death Squad” during his time as mayor, murders of “high-value targets” during his presidency, and killings and attempted murders during barangay clearance operations under his leadership.
An arrest warrant for Duterte was initially issued under seal on March 7, 2025, and reclassified four days later. The ICC prosecutor has stated that Duterte personally instructed members of a death squad to kill suspected criminals and drug users, as reported by ABC News.
The hearing is scheduled to continue, with the ICC judges assessing the evidence presented by the prosecution. The next scheduled step is the judges’ deliberation following the presentation of evidence, with no immediate date set for their decision.
