MANILA, Philippines — Former president Rodrigo Duterte has requested to waive his right to attend the upcoming hearing for the confirmation of charges at the International Criminal Court (ICC), citing poor health, old age, and his continued rejection of the court's jurisdiction.
In a filing made public on Thursday, Duterte’s lead counsel, Nicholas Kaufman, submitted the request to Pre-Trial Chamber I, along with a personal statement from the former president dated Feb. 17.
The hearing to confirm charges related to the ICC investigation into the "war on drugs" is currently scheduled for February 23-27.
The defense filing clarified that while Duterte had previously indicated his desire to waive attendance, the Chamber required a written request "personally executed" by the suspect himself, citing Rule 124(1) of the court's Rules.
The defense pushed back on that interpretation, arguing that the "clear wording" of the rule requires a written request but does not mandate that it be handwritten by the accused.
The filing stated that Duterte was "not now capable of 'personally executing' anything" due to his medical condition.
The document referenced medical evaluations conducted by experts, including those appointed by the ICC's own Panel of Experts, noting that Duterte's visuo-spatial skills are "impaired" and that he received a score of "0" for language fluency during neurological tests.
The defense argued that these conditions rendered him unable to draft the legally reasoned document the Chamber sought.
To satisfy the requirement, the defense said that on Feb. 16, Duterte orally dictated his reasoning to his legal team. The statement was transcribed, read back to him for approval, and signed on February 17.
'I do not recognize the jurisdiction'
In the attached personal statement, Duterte wrote that he understood the consequences of waiving his right to be present and stated that he trusted his legal team to challenge the prosecution's evidence on his behalf.
He added that he did not wish to follow the proceedings remotely via communications technology.
Duterte used the statement to reiterate his fundamental objection to the proceedings, writing, "I do not recognize the jurisdiction of the International Criminal Court over my person."
He described his transfer to The Hague as a "kidnapping," alleging he was "forcibly pushed into a jet" in violation of the Philippine constitution and national sovereignty, facilitated by the current Philippine administration.
He also denied the allegations against him, calling the claim that he oversaw a policy of extrajudicial killings an "outrageous lie" peddled by political opponents.
Duterte cited his frailty for decision to stay away from the courtroom. "I do not wish to attend legal proceedings that I will forget within minutes. I am old, tired, and frail. I wish for this Court to respect my peace inside the cell it has placed me," the statement reads.
The filing included a reproduction of the signed waiver and concluded with a personal message from Duterte to his supporters, asserting his love for and loyalty to the Filipino nation.