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Advocates Philippines
ICC Lets Duterte Skip Hearing, Rejects Bid To Disqualify Victims' Lawyers
Duterte/ICC FILE
The International Criminal Court has accepted former Philippine president Rodrigo Roa Duterte’s request to waive his appearance at next week’s confirmation of charges hearing, while also rejecting a separate motion filed by his legal team seeking to disqualify the external lawyers representing victims in the case.
In a decision released Friday (Manila time), ICC Pre‑Trial Chamber I ruled that Duterte’s signed waiver meets procedural requirements, allowing the confirmation of charges hearing — scheduled for February 23–24 and 26–27, 2026 — to proceed without his personal attendance.
At the same time, the court denied the defense’s request to remove or disqualify the external legal representatives of victims, who are authorized to act on behalf of families affected by the government’s anti-drug operations.
Absence Is Voluntary, Not Medical
ICC spokesperson Oriane Maillet clarified that Duterte’s absence is voluntary, not due to health issues. An independent panel of medical experts had previously assessed him as fit to participate in pre-trial proceedings.
Prosecutors Opposed the Waiver
The ICC Office of the Prosecutor filed a formal objection, arguing there was no legal basis for Duterte to skip the hearing. While prosecutors highlighted the importance of transparency and victims’ interests, they did not oppose the victims’ lawyers’ continued participation in the case.
Defense Challenges Victims’ Legal Team
Earlier this month, Duterte’s legal team sought to have the ICC order the Registry to revoke the appointment of three external legal representatives for the victims and suspend their access to confidential court records. They cited alleged conflicts of interest and “impediments to representation.”
The Pre‑Trial Chamber rejected the motion, allowing the lawyers to remain in the case. The Office of the Prosecutor maintained a neutral stance on the motion, indicating it would not rely on confidential materials in ruling on the request.
Defense Maintains ICC Has No Jurisdiction
Lead defense counsel Nicholas Kaufman reiterated that the ICC lacks authority over Duterte, reflecting the former president’s longstanding position that the tribunal does not have jurisdiction over him.
What Happens Next
With the waiver accepted and the victims’ legal team intact, Pre‑Trial Chamber I will proceed with hearings to decide whether to commit the case to trial — the next step in the ICC process against Duterte, who faces charges related to alleged abuses during his presidency.
In a decision released Friday (Manila time), ICC Pre‑Trial Chamber I ruled that Duterte’s signed waiver meets procedural requirements, allowing the confirmation of charges hearing — scheduled for February 23–24 and 26–27, 2026 — to proceed without his personal attendance.
At the same time, the court denied the defense’s request to remove or disqualify the external legal representatives of victims, who are authorized to act on behalf of families affected by the government’s anti-drug operations.
Absence Is Voluntary, Not Medical
ICC spokesperson Oriane Maillet clarified that Duterte’s absence is voluntary, not due to health issues. An independent panel of medical experts had previously assessed him as fit to participate in pre-trial proceedings.
Prosecutors Opposed the Waiver
The ICC Office of the Prosecutor filed a formal objection, arguing there was no legal basis for Duterte to skip the hearing. While prosecutors highlighted the importance of transparency and victims’ interests, they did not oppose the victims’ lawyers’ continued participation in the case.
Defense Challenges Victims’ Legal Team
Earlier this month, Duterte’s legal team sought to have the ICC order the Registry to revoke the appointment of three external legal representatives for the victims and suspend their access to confidential court records. They cited alleged conflicts of interest and “impediments to representation.”
The Pre‑Trial Chamber rejected the motion, allowing the lawyers to remain in the case. The Office of the Prosecutor maintained a neutral stance on the motion, indicating it would not rely on confidential materials in ruling on the request.
Defense Maintains ICC Has No Jurisdiction
Lead defense counsel Nicholas Kaufman reiterated that the ICC lacks authority over Duterte, reflecting the former president’s longstanding position that the tribunal does not have jurisdiction over him.
What Happens Next
With the waiver accepted and the victims’ legal team intact, Pre‑Trial Chamber I will proceed with hearings to decide whether to commit the case to trial — the next step in the ICC process against Duterte, who faces charges related to alleged abuses during his presidency.
Feb 20, 2026
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