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Will ex-president Duterte's absence at ICC trial affect proceedings?
Duterte is fit as a fiddle, says a human rights lawyer. This is why he does not want to appear, so the public will not have a glimpse as to how fit he is to face the ICC trial
- PUBLISHED: Fri 20 Feb 2026, 2:52 PM
Former Philippine president Rodrigo Duterte is allowed not to be present during the confirmation of charges of murder and attempted murder at the International Criminal Court (ICC) in The Netherlands on Monday, February 23.
The ICC Pre-Trial Chamber I said on Friday that the proceedings will move forward without Duterte’s presence during the four-day hearing that will run until February 27.
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The Chamber underscored that Duterte's request has no impact on the court proceedings. "(Duterte) understands he has the right to be present at the confirmation hearing and the consequences of waiving this right, which have been ‘thoroughly explained to [him] by [his] Counsel’. Moreover, the Chamber, while acknowledging the objections of the Prosecution and the CLRV (common legal representatives of victims), 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 Chamber explained.
This will not be the first time, however, Duterte has skipped the ICC trial. Aside from the first hearing on March 25 last year, where he confirmed he is the one accused of crimes against humanity, he has since refused to appear during sessions for his petitions for temporary liberty.
His main defence lawyer, Nicholas Kaufman, and members of the Duterte family made various claims of his worsening health while inside the ICC Detention Centre in The Hague, adding the former president could not stand trial in such condition. The chamber, however, rejected his appeals.
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Duterte has again applied the same tactic of refusing to appear under the premises of ill health, noted human rights lawyer Atty. Ephraim Cortez, who is also president of the National Union of Peoples’ Lawyers (NUPL), a group that is assisting several families of victims of Duterte’s “war against drugs.”
Cortez categorically told Khaleej Times that he believes Duterte is not frail, sick, or senile. “He (Duterte) is fit as a fiddle. It is for this reason that he opts not to appear. Otherwise, the public will have a glimpse as to how fit he is to face trial.”
Cortez has anticipated the ICC chamber to grant the Durterte’s request for non-appearance. “His right to be present during the proceedings and to be informed of the charges is part of due process. But personal presence can be waived, like what Duterte requestd.
Decided on evidence
Cortez also explained Duterte's absence will not affect the proceedings. “ The confirmation hearing will proceed. He waived his right. The decision will be made based on the evidence presented by the matters.
“Duterte’s) presence –or absence – will only matter when he presents evidence and needs to testify to it. But he is not even obliged to testify by invoking his right to remain silent,’ Cortez pointed out.
The Filipino human rights advocate also believes Duterte’s defence team is running out of cards, and their ploy is to delay the trial. Cortez said: “With the disclosures made by the prosecution in preparation for the confirmation hearing, Kaufmann realised that the prosecution has strong evidence against his client. These are damning evidence, and the defense is left with no recourse but to delay the proceedings.
Act of cowardice
Meanwhile, lawmakers under the Makabayan (Patriotic) bloc lawmakers earlier said Duterte’s refusal to attend the ICC hearing “is nothing but cowardice.” They also called out the former president for his “lack of repentance regarding the drug war-related charges against him.”
In a joint statement, Act Teachers party-list Rep. Antonio Tinio, Gabriela party-list Rep. Sarah Jane Elago, and Kabataan party-list Rep. Renee Louise Co said Duterte (is making) a “shameless display of arrogance and complete disregard for the thousands of victims of his murderous drug war.”
“Duterte’s (appeal) is pure theater—one part defiant, one part drama, but entirely unrepentant and dismissive of those who suffered and died under his brutal anti-drug campaign. He speaks of being old, tired, and frail, yet conveniently forgets that young victims like Kian delos Santos (17-year-old who was killed in a police operation in August 2017) were denied the chance to grow old, to finish their studies, to build their futures.
Duterte is suspected of committing crimes against humanity — specifically murder and attempted murder — allegedly carried out in the Philippines between November 1, 2011 and March 16, 2019, during his anti-drug campaign.
