The International Criminal Court’s prosecution team has formally contested former Philippine President Rodrigo Duterte’s attempt to waive his right to appear at his upcoming confirmation of charges hearing. In a comprehensive six-page legal submission dated February 19, Deputy Prosecutor Mame Mandiaye Niang asserted that Duterte’s request fails to meet the necessary legal standards for proceeding without his physical presence in court.
The prosecution’s filing systematically dismantles Duterte’s justification for non-attendance, noting that his primary argument stems from his refusal to ‘recognize the jurisdiction’ of the court rather than legitimate health concerns. The document characterizes Duterte’s claims of being ‘kidnapped’ and describing the charges as ‘an outrageous lie’ invented by political opponents as continued rejection of the proceedings’ legitimacy.
Contrary to Duterte’s portrayal of himself as ‘old, tired, and frail,’ the prosecution emphasized that independent medical evaluations have confirmed his physical and mental fitness to participate in the hearings. The court has implemented appropriate measures to ensure his comfort throughout the proceedings, further undermining health-related excuses.
The filing concludes that Duterte’s unwillingness to attend—including his refusal to participate via video link—demonstrates ‘lack of respect for the Court’ rather than genuine medical limitations. Prosecutors have consequently requested the chamber to reject Duterte’s waiver petition and mandate his attendance at the hearing scheduled from February 23-27.
Following the confirmation hearing, ICC judges will have sixty days to determine whether to confirm some, all, or none of the charges against the former president. Should at least one charge be confirmed, Duterte would formally become an accused individual, advancing the case to trial before a Trial Chamber. The charges involve crimes against humanity, specifically murder and attempted murder allegedly committed during Duterte’s controversial anti-drug campaign between November 2011 and March 2019.