Former President Rodrigo Duterte has requested a waiver of his right to attend the upcoming International Criminal Court confirmation of charges hearing, stating he does not recognize the court's jurisdiction and citing his health. He is detained in The Hague and denies the allegations against him. The Office of the Solicitor General has urged the Supreme Court to dismiss habeas corpus petitions filed by his children.
On February 19, 2026, former President Rodrigo Roa Duterte's lawyer, Nicholas Kaufman, submitted a signed letter to the ICC Pre-Trial Chamber I requesting a waiver of Duterte's right to attend the confirmation of charges hearing scheduled for February 23 to 27. In the letter, Duterte stated, “I, Rodrigo Roa Duterte, wish to waive my right to attend the hearing on the confirmation of charges set for Feb. 23 to 27.” He added that he trusts his legal team to challenge the prosecution's evidence on his behalf and does not wish to follow proceedings via videoconferencing.
Duterte maintained his non-recognition of the ICC's jurisdiction, claiming he was “forcibly pushed into a jet and renditioned to The Hague” with the facilitation of the current president's office. He denied overseeing a policy of extra-judicial killings, calling the claims an “outrageous lie” peddled by political opponents. Citing his age and health, he said, “I am old, tired and frail. I wish for this Court to respect my peace inside the cell it has placed me. I have accepted the fact that I could die in prison.”
Meanwhile, the Office of the Solicitor General, led by Darlene Berberabe, argued that the Supreme Court should dismiss habeas corpus petitions filed by Duterte's children—Sebastian, Paolo, and Veronica—because he is outside Philippine territory, making the writ unenforceable extraterritorially. Duterte's arrest in March 2025 complied with international law and Republic Act 9851, the OSG stated. The OSG reentered its appearance in December 2025 to oppose petitions on behalf of Duterte and Sen. Ronald dela Rosa.
In the Senate, President Vicente Sotto III rejected calls for a caucus on potential arrests of Sens. Ronald dela Rosa and Bong Go, named as co-perpetrators in the charges related to the war on drugs. Sen. Bong Go affirmed, “I am not afraid, because I have done nothing wrong.” The minority bloc, per Sen. Alan Peter Cayetano, is drafting a resolution urging respect for the Philippine judicial system over automatic compliance with foreign warrants. The Department of Justice advised waiting for the Supreme Court's resolution on pending petitions before any actions against co-perpetrators.
