Duterte Waives ICC Hearing As Detention Review Approaches
Former Philippine President Rodrigo Duterte has opted not to attend a crucial detention review hearing at the International Criminal Court (ICC), exercising his right to waive participation as judges consider whether he should remain in custody nearly a year after his arrest. The ICC has granted his request, and he will not appear in person, remotely, or by videoconference at the proceedings scheduled for February 27, 2026.
The Philippine Palace responded succinctly to Duterte’s decision, describing his nonappearance as “his choice.” The brief reaction underscored that participation in the hearing is voluntary under ICC procedure and that the former leader exercised a legal right available to him.
Detention Review Marks Critical Juncture
The detention review comes as Duterte approaches 12 months in ICC custody, following his arrest and transfer to The Hague in March 2025 by Philippine authorities. The Pre-Trial Chamber I is tasked with determining whether continued detention remains necessary as the case advances.
While the review does not address guilt or innocence, it carries significant practical consequences. Judges will weigh factors such as flight risk, potential interference with proceedings, and other relevant considerations before deciding whether Duterte should remain behind bars as the case proceeds.
Charges of Crimes Against Humanity
Duterte faces allegations of crimes against humanity of murder linked to thousands of alleged extrajudicial killings during his anti-drug campaign. The charges cover actions purportedly committed between November 1, 2011, and March 16, 2019 — a period that spans his tenure as Mayor of Davao City and later as President of the Philippines.
Prosecutors argue that killings carried out during the so-called “war on drugs” formed part of a broader, systematic campaign. Duterte has not publicly detailed his reasons for declining to attend the detention review, and no explanation was included in his waiver request.
A Parallel Process: Confirmation of Charges Hearing
The detention review unfolds alongside the opening of a confirmation of charges hearing, which began on February 23, 2026. At this stage, ICC judges assess whether prosecutors have established “substantial grounds to believe” that Duterte bears criminal responsibility. If confirmed, the case will proceed to trial.
More than 500 victims have been authorized to participate in the confirmation proceedings, marking one of the most significant instances of victim engagement in the Court’s history.
Alexis Deswaef, President of the International Federation for Human Rights (FIDH), described the moment as historic.
“The historic hearing this week of a former head of State gives victims and survivors something they have been denied for years: the chance to have their claims examined by an independent global court. For families who lost loved ones and suffered terrible trauma because of the so-called ‘war on drugs’, being heard and represented is a crucial step towards justice,” he said.
Jurisdiction Despite Withdrawal
The legal foundation of the case rests on the Philippines’ former membership in the ICC. Although Manila formally withdrew from the Rome Statute in March 2019, the Court retains jurisdiction over alleged crimes committed while the country was still a member — specifically between November 2011 and mid-March 2019.
This principle ensures that withdrawal from the treaty does not extinguish accountability for actions taken during the period of membership. In effect, while the Philippines stepped away from the Court, the legal shadow of that membership remains over the years in question.
Impact on Victims and Public Trust
For families of those killed in anti-drug operations, the ICC process represents the first substantial opportunity for independent judicial review. Domestic investigations into alleged extrajudicial killings have been widely criticized as limited in scope and outcome, leaving many communities without formal acknowledgment or closure.
The proceedings in The Hague are therefore more than a legal ritual. For many in marginalized communities, particularly in urban centers and provincial areas heavily affected by anti-drug operations, they symbolize a reckoning long deferred.
Whether the detention review results in continued custody or conditional release, the broader case will test the reach of international justice and the resilience of institutions designed to function when national systems falter.
For now, Duterte’s absence underscores a quieter but pointed reality: even from a detention cell thousands of miles from Manila, the former president continues to shape the narrative — sometimes by what he chooses not to do.
