Spox of ICC Issues Statement on Trials vs. Accused w/ Confirmed Charges
ICC – The International Criminal Court clarified that should the charges be confirmed, the suspect’s presence is required for a trial to proceed.
Ahead of the schedule for the confirmation of charges hearing of former President Rodrigo Roa Duterte, the Chief Executive submitted a letter to the foreign court waiving his right to personally appear at the hearing. The new schedule for the confirmation of charges is from February 23 to Feb. 27.
The initial schedule for the confirmation of charges against Duterte was set on September 23, 2025 but it was postponed after his lawyer, Nicholas Kaufman, claimed that the former President is allegedly unfit to stand trial.
The International Criminal Court postponed the confirmation of charges hearing and appointed three (3) medical experts to check on former Pres. Rodrigo Roa Duterte. Recently, the foreign court ruled that Duterte is fit to stand the pre-trial investigation.
The ruling of the foreign court on former Pres. Rodrigo Duterte’s fitness to stand trial came shortly after the ICC denied his interim release appeal. The former President waived his right to personally appear before the foreign court then and he was represented by his lawyer, Nicholas Kaufman.
The recent move of Duterte to skip the trial of the ICC elicited different reactions but it was approved by the court. He asserted that he does not recognize the jurisdiction of the foreign court on him. Previously, he also asked the court to disqualify three (3) Filipino lawyers who are representing the victims in the case against him.
Recently, amid the approval on the decision of former Pres. Rodrigo Roa Duterte not to personally appear at the confirmation of charges hearing, the ICC clarified that the same scenario is not allowed once the charges have been confirmed. Based on a report on GMA News, ICC spox Oriane Maillet stressed that the presence of the accused is required as per the rules in the Rome Statute.
“Should the charges be confirmed, the ICC does not permit trials to take place in the absence of the accused. Under Article 63(1) of the Rome Statute, the accused shall be present during the trial,” the ICC spokesperson said.
According to Maillet, the foreign court allowed Duterte to skip the confirmation of charges hearing as the accused is permitted to do so provided that he/she has waived his/her right. Based on the report, the ICC spox stressed that the former President assured that he understands the consequences of waiving his right to personally appear at the hearing.
“The Chamber noted that Mr. Duterte stated that he understands he has the right to be present at the confirmation hearing and the consequences of waiving this right, which have been thoroughly explained to him by his Counsel,” Maillet said.
Previously, in his letter to the ICC, former Pres. Rodrigo Roa Duterte said that he is old and frail and has accepted the possibility that he will die inside his ICC detention cell.