ICC approves Duterte’s request to skip confirmation hearings

National

CLAIMING to be “old, tired and frail,” former president Rodrigo Duterte will skip next week’s International Criminal Court (ICC) confirmation hearings, after judges approved his request to proceed in his absence.

In a six-page ruling, the ICC Pre-Trial Chamber I allowed Duterte to skip the hearings scheduled for February 23, 24, 26, and 27, either in person or via video conference.

The decision was based on a signed waiver submitted by Duterte’s lawyer, Nicholas Kaufman. The court noted that, despite objections from the prosecution and victims’ representatives, it is appropriate to proceed in Duterte’s absence.

Duterte’s request cited his age and frailty and asked the judges to respect his peace inside detention. He also reiterated that he does not recognize the ICC’s jurisdiction.

ICC spokesperson Oriane Maillet clarified that Duterte’s absence is based on his waiver, not health reasons, and that judges had previously determined he was fit to participate. The chamber dismissed defense claims regarding his medical condition as speculative and irrelevant, adding that Duterte fully understands his right to be present and the consequences of waiving it.

ICC Deputy Prosecutor Mame Mandiaye Niang opposed the request, arguing there was no valid reason for Duterte to miss the hearing. He noted that suspects cannot unilaterally excuse themselves, and requests to be excused are exceptional and granted sparingly.

Maillet emphasized that if charges are confirmed, the ICC does not allow trials without the accused, and noted that Duterte has been detained at the ICC Detention Center in Scheveningen, which meets international human rights standards.

In a report by Philstar, Presidential Communications Undersecretary Claire Castro said President Ferdinand Marcos will not personally monitor the hearings, as he only tracks matters directly affecting national interest, though he will be updated since complainants are Filipinos.

The case has renewed debates on the accessibility of justice in the Philippines. Caloocan Bishop Pablo Virgilio Cardinal David criticized the local system for punishing poverty more harshly than crime, delaying hearings, and pressuring admissions, saying many detainees plead guilty to escape prolonged detention.

Senators Panfilo Lacson and Bam Aquino stressed the importance of respecting Philippine courts, with Aquino noting that alleged extrajudicial killings during Duterte’s drug war should ideally be tried domestically.

Senator Robinhood Padilla defended Duterte’s rights as an accused, saying in a Philstar report, “It’s his right as an accused if he does not want to appear, especially he is old already. We feel that ICC is biased,” while emphasizing that human rights protections should apply equally to all.(MyTVCebu)