Judges at the International Criminal Court are now weighing whether former Philippine president Rodrigo Roa Duterte can be absent from his own confirmation hearing, after prosecutors formally objected to his request to stay away.
In a redacted submission dated February 19, 2026, the Office of the Prosecutor argued that there is no sufficient basis to excuse Duterte from appearing before the Pre-Trial Chamber. “There is no reasonable cause for Mr Duterte not to appear in person in court at the confirmation hearing,” the filing stated.
Prosecutors said the former leader should not be permitted to “unilaterally excuse himself” from the proceedings, stressing that the available medical findings do not support claims that he is unable to attend.
Duterte has described himself as “old, tired, and frail,” citing concerns about his condition. The Prosecution countered that such assertions are “irrelevant” given the conclusions of a panel of experts who assessed his health. According to the filing, that panel found him “fit, competent, and physically and mentally able” to take part in the hearing.
The Chamber has already reviewed independent medical evidence and introduced arrangements intended to accommodate his wellbeing during court sessions. Prosecutors also cast doubt on Duterte’s personal account of his health, describing him as an “unreliable historian” when it comes to his own physical and mental state.
In its response, the Prosecution pointed to what it called an inconsistency in the defense’s position. It noted that earlier complaints centered on Duterte “not being seen in court for ten months,” yet he is now seeking to avoid being physically present, a shift prosecutors described as a “sudden heel-turn.”
Beyond procedural considerations, prosecutors framed Duterte’s attendance as symbolically important for those affected by the charges. “It is also important that the proceedings are open and that Mr Duterte is visible while he defends the criminal charges made against him,” they wrote, adding that his appearance would mark a “significant milestone” for victims.
The court also took note of indications that Duterte does not intend to monitor the hearing through video link. According to the filing, this stance raises questions about whether his absence stems from health concerns or reflects a “lack of respect for the Court.”
The Pre-Trial Chamber must determine whether there is “adequate cause” to allow the confirmation hearing to move forward without the suspect physically present. Should it side with the Prosecution, Duterte could be ordered to attend the proceedings in person next week.
