ICC grants Duterte's request to skip hearing reviewing his detention

February 26 ------ The International Criminal Court (ICC) has granted former Philippine President Rodrigo Duterte’s request to waive his right to attend the annual hearing on detention set for Friday, February 27, allowing the proceeding to go forward in his absence. In a decision issued February 25, 2026, Pre-Trial Chamber I said it was “appropriate to grant Mr Duterte’s Request,” noting his written waiver confirming he understood his right to be present and the “legal consequences emanating from such a waiver.” The Chamber added that “nothing in the Court’s legal framework requires the presence of the suspect” at the annual detention hearing under Rule 118(3).

The ruling came after the Defense filed a separate notification following the Chamber’s earlier instruction that Duterte was “obliged to present a separate waiver strictly limited to the matter of his attendance to the Rule 118(3) hearing.” The Defense said Duterte opted to be represented by counsel and that the waiver document was read to him, “understood, approved, and duly signed.”

For the Common Legal Representatives of Victims (CLRV), the waiver—coming on top of Duterte’s earlier approved absence at the confirmation hearing is “extra disappointing,” as victims had hoped to see him face the judges in court. “It was their opportunity to see him for the first time in a courtroom of law facing the judges. We need to understand the symbolism of that,” CLRV counsel Paolina Massidda said.

Despite this, victims’ lawyers said families were satisfied with the Prosecution’s presentation over the first two days. Massidda said the Prosecution laid out its evidence in a way that was clear not only for the judges but also for those following proceedings in the Philippines. “I think that the Prosecution was very clear in its presentation of the evidence. It was done in a way which was very understandable,” she said.

Massidda said the CLRV’s approach was intentionally different from the Prosecution’s, focusing less on assertive claims and more on victims’ lived experiences. “It was more focused on the real harm and the real suffering and the real story of the victims. And we think that the victims deserve that in front of the court of law, particularly because their stories were not told until now, or at least not told the way they want to be told,” she added.

CLRV counsel Gilbert Andres said victims were encouraged by seeing their accounts brought before the Chamber. “They were happy, joyful that we were able to impart their stories… that their plight, especially their marginalized state, was fully stated before the court,” he said. Massidda also addressed criticism from Duterte-aligned lawyers that the victims’ presentations were “propaganda” because names were not disclosed, stressing that anonymity is a security measure built into ICC practice. “Before the court, victims participate anonymously. I mean, the court is very aware that victims live in places where their life can be still in danger. And the only possibility for the court to provide safety and security to the victims participating is to call them with a number,” she said. “We did not mention on purpose the names of the victims in order to avoid to expose them to danger in the places of threat, in the places where they still reside.”

Massidda explained that participation is granted through a judicial decision, with judges verifying the “actual link between the harm suffered and the alleged charges.” The CLRVs said 539 victims have been authorized to participate at the confirmation stage, a figure they said remains low compared with the scale of killings alleged, because many victims are still afraid to come forward and because the application window for the confirmation hearing has closed for now. “But the process of application will be reopened as soon as we will know a decision on the confirmation of charges,” Massidda said.

Massidda emphasized that victims’ lawyers are independent of the Prosecution, pushing back on suggestions that the CLRV is simply a “second prosecutor.” She said victims’ accounts corroborate the Prosecution’s evidence while providing additional context on how the crimes affected families and communities. “Victims can provide much more details and evidence on the background of the crimes,” she said.

CLRV lawyer Joel Butuyan likened the evidentiary picture against Duterte to something assembled from multiple sources. “The evidence would be like a jigsaw puzzle,” Butuyan said, describing how victim testimony about specific incidents is woven together with insider witnesses and Duterte’s public statements.

Separately, lawyers from the National Union of People’s Lawyers (NUPL) said they expect Duterte’s defense team to confront the Prosecution’s presentation more directly when hearings resume. Former Bayan Muna representative Neri Colmenares said he expected the Defense to rebut the Prosecution’s framing of crimes against humanity, particularly the elements of “widespread or systematic attack against civilians, pursuant to a policy with knowledge of the attack.” However, he said he was surprised by what he viewed as political messaging and ad hominem attacks during the Defense’s opening statements on Day 1, which he believes preview its approach in succeeding arguments. “Para sa akin parang 'Uy, hindi na sila pumunta sa mga argumentong legal. Pumunta na lang sila sa mga ad hominem'… Kahit ma-prove mo yan sa korte… eh ano ngayon ang relasyon noon sa kaso? Ang tanong sa kasong ito may mga pinatay, pinatay mo ba yan?” Colmenares said.

Colmenares also said he heard the Defense might again raise its pending jurisdiction appeal, an approach he said could signal weakness on the merits. “Pag jurisdiction ka na pumunta, paulit-ulit, natalo ka na don. Ibig sabihin mukang wala kang ebidensyang ipe-present sa confirmation at sa trial para patunayang wala kang kinalaman si President Duterte sa drug war,” he said.

NUPL’s Kristina Conti said Day 2 strengthened the Prosecution narrative on how lists translate into killings on the ground. “Pinakita na behind the scenes meron po palang proseso kung paano ang kill list na ito ay magiging hit list,” Conti said, adding that perpetrators were allegedly “paid, promoted and pardoned.” Conti also underscored the Prosecution’s mention of multiple insider witnesses. “Naghahanda na po talaga kami sa trial dahil dito sa confirmation of charges, confident na talagang magtutuloy na ito,” she said.

With the Prosecution and CLRV presentations on the merits now completed, proceedings shift to the defense case. Massidda cautioned victims to brace for arguments that could be painful to hear, as the Defense challenges the Prosecution’s narrative and credibility of evidence. “Victims will hear very unpleasant things,” she said. “But they do not need to be afraid or worried… this is the way in which things are discussed here.”

She added the CLRV remains confident in the Prosecution’s case. “We are confident about the evidence presented by the prosecution,” Massidda said. “We think that the prosecution has a strong case.” The CLRV also expects that after the Defense presentations, parties will have a chance to respond during closings. “There will be the possibility on Friday… for closing arguments by the prosecution, closing arguments by the legal representative, and then the last word to the defense,” Massidda said.

With the ICC now allowing Duterte to skip the annual detention hearing on February 27, victims’ lawyers say the legal process continues, but the symbolic weight of seeing Duterte appear in court remains unresolved for many families watching from the gallery and from home.

Source: news.abs-cbn.com