Rodrigo Duterte Waived His Right To Attend The ICC Hearing: What Happens Next?

Former president Rodrigo Duterte has formally waived his right to attend the confirmation of charges hearing before the International Criminal Court (ICC) over his administration’s war on drugs.

With Duterte choosing not to appear — either in person or via video link — what happens next in the court process?

Here’s a step-by-step look at what comes next.

1. ICC confirmation of charges hearing will proceed — even without him

The proceedings before the ICC’s Pre-Trial Chamber I will push through as scheduled.

Under ICC rules, a suspect may waive the right to be present. Duterte’s absence does not stop the hearing. His legal team will represent him and can challenge the prosecution’s evidence.

This stage is not yet a trial. It is a preliminary judicial review to determine whether there is enough evidence to move the case forward.

2. Prosecutors will lay out their evidence

During the hearing, ICC prosecutors will present the charges formally, summarize their evidence, and argue that there are “substantial grounds to believe” Duterte is criminally responsible.

The threshold here is lower than “proof beyond reasonable doubt,” which is required during trial. Prosecutors only need to show that there is strong evidence linking the accused to the alleged crimes.

The Document Containing the Charges (DCC), already released publicly, serves as the blueprint of the prosecution’s case.

3. Duterte’s lawyers will challenge the case

Even if Duterte is absent, his legal team can question the sufficiency of evidence, challenge the credibility of witnesses, argue jurisdictional issues, and raise procedural objections.

Duterte has repeatedly rejected the ICC’s jurisdiction, arguing that the Philippines is no longer a member of the court. That issue may continue to surface in legal arguments — though the ICC has previously ruled that it retains jurisdiction over alleged crimes committed while the Philippines was still a member.

4. Judges will decide whether the case goes to trial

After the hearings conclude, the judges of Pre-Trial Chamber I will deliberate.

They have three possible options, namely:

1. Confirm the charges → The case proceeds to full trial.

2. Decline to confirm → The charges are dismissed (though prosecutors may refile if they gather more evidence).

3. Partially confirm → Some charges proceed, others are dropped.

If the charges are confirmed, the case moves to the trial stage, where evidence and witnesses will be examined more extensively.

5. If confirmed, a full trial follows

A confirmation decision does not mean guilt.

If the judges find sufficient grounds, Duterte will face a full trial before a Trial Chamber.

At that stage, witnesses testify in detail, evidence is examined and cross-examined, and the standard becomes “beyond reasonable doubt.”

Only after trial can a conviction or acquittal be issued.

6. What about detention?

Duterte remains in ICC custody in The Hague while proceedings are ongoing.

Pre-trial detention continues unless judges decide otherwise — such as granting interim release under strict conditions, which is generally rare in high-profile cases involving alleged crimes against humanity.

7. The bigger legal and political stakes

The confirmation of charges hearing is a crucial turning point. It determines whether the case moves from investigation to full judicial trial.

For Duterte, waiving attendance is largely symbolic in procedural terms — the court process continues regardless. But politically, it reinforces his long-standing position rejecting the ICC’s authority.

The legal battle now shifts squarely to the courtroom arguments between prosecutors and defense lawyers.

The next key moment: the judges’ ruling on whether the charges will stand — and whether a historic trial against a former Philippine president will formally begin.