The hague: The International Criminal Court (ICC) Prosecutor has urged the Pre-Trial Chamber I to deny former president Rodrigo Duterte's request to waive his right to personally attend his confirmation hearing scheduled for February 23.
According to Philippines News Agency, the prosecution, in a document dated February 19, argues that Duterte is in a condition deemed fit and available, with "no reasonable cause" to abstain from attending the hearing in person. The prosecution dismisses the defense's claims regarding Duterte's health, asserting, "For the avoidance of doubt; the Prosecution does not accept as valid any of the assertions made by the Defense in paragraphs 4 and 5 of its Notification regarding Mr. Duterte's health, fitness, and mental or physical capacity."
The prosecution further emphasizes that the health concerns raised by Duterte have been thoroughly reviewed and accommodated by the Chamber, stating they "cannot now be recycled as cause to hold the confirmation hearing in his absence." Additionally, the prosecution points out Duterte's unwillingness to follow the proceedings even via video link, arguing that his motives are rooted not in health concerns but in a lack of respect for the Court.
While the ICC has previously granted similar requests, the prosecution maintains that Duterte is "not entitled to unilaterally excuse himself from attending the proceedings in-person." It notes that the Court has historically granted such requests sparingly, recognizing them as "exceptional" in nature during trial proceedings.
The prosecution contends that Duterte holds "individual criminal responsibility" as an indirect co-perpetrator for three counts of crimes against humanity. These charges include murders linked to the Davao Death Squad during his mayoral tenure, targeted killings during his presidency, and murders and attempted murders in barangay clearance operations during his presidency. All charges are associated with Duterte's controversial war on illegal drugs, which led to thousands of deaths during his time in office.
Duterte has been held at the ICC Detention Center in The Hague, Netherlands, since his arrest in March 2025.
