Former Philippine President Rodrigo Roa Duterte will not attend the upcoming hearing on the confirmation of charges at the International Criminal Court after his Defence team submitted a request waiving his right to be present.

Pre-Trial Chamber I granted the request, allowing all sessions of the hearing set from 23 to 27 February 2026 to proceed without Duterte. The waiver, filed on 18 February 2026, permits him to forgo attendance at the proceedings.

_{Photos from ICC / website}

Pursuant to Article 61(2)(a) of the Rome Statute and Rule 124 of the ICC Rules of Procedure and Evidence, the Court may conduct a confirmation hearing in the suspect’s absence if the right to attend has been voluntarily waived.

The Chamber said Duterte acknowledged his right to be present and understood the implications of waiving it, as explained by his legal counsel.

The judges ruled that moving forward without his attendance was appropriate under the circumstances. However, if the charges are confirmed, Duterte will be required to appear at trial in line with Article 63(1) of the Rome Statute, which mandates the accused’s presence during trial proceedings.

The Court emphasized that his absence from next week’s hearing is voluntary and not health-related. A panel of medical experts had earlier found him fit to participate in pre-trial proceedings during an assessment on 26 January 2026.

Duterte remains detained at the ICC Detention Centre in Scheveningen, The Hague, where detainees are presumed innocent until proven guilty beyond reasonable doubt.