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Janvic Mateo - The Philippine Star
February 19, 2026 | 12:00am
MANILA, Philippines — Saying he does not recognize the jurisdiction of the International Criminal Court, former president Rodrigo Duterte has requested the waiver of his right to attend the upcoming ICC confirmation of charges hearings next week.
“I, Rodrigo Roa Duterte, wish to waive my right to attend the hearing on the confirmation of charges set for Feb. 23 to 27,” read a signed letter submitted by his lawyer Nicholas Kaufman to the ICC Pre-Trial Chamber I yesterday.
“I understand the consequences of my waiving this right which has been thoroughly explained to me by my Counsel and I trust him and his team to challenge the sufficiency of the Prosecution’s evidence on my behalf,” he added.
Duterte said he also does not want to follow the proceedings through the use of communications technology, such as through videoconferencing used during his initial appearance hearing last year.
In his letter, the former president maintained that he does not recognize the jurisdiction of the ICC.
“I am a Filipino citizen forcibly pushed into a jet and renditioned to The Hague in the Netherlands in flagrant contravention of my country’s Constitution and of national sovereignty. My kidnapping was facilitated by the office of the incumbent President of the Philippines with a plane specially chartered for this purpose,” he said.
“The claim that I oversaw a policy of extra-judicial killings is an outrageous lie. These claims have been peddled by my political opponents for many years and, as my nation knows, they are based on the word of individuals whose credibility has been thoroughly discredited,” he added.
The former president’s statement also aligns with Kaufman’s earlier claims regarding his health, claiming that he “will forget within minutes” the details of the legal proceedings.
“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. But those that desire this fate for me should know that my heart and soul will always remain in the Philippines,” he said.
“I am proud of my legacy and of my service to my countrymen around the world. Let no one doubt my love for and loyalty to the Filipino nation,” added the former president.
Meanwhile, the Supreme Court should dismiss the habeas corpus petitions filed by the children of former president Rodrigo Duterte questioning the legality of his detention by the International Criminal Court (ICC), the Office of the Solicitor General (OSG) said.
In its memorandum, the OSG, led by Solicitor General Darlene Berberabe, argued that a writ of habeas corpus “cannot be issued… because former president Duterte is outside Philippine territory,” stressing that the writ “is not enforceable extraterritorially.”
Duterte, who is detained in The Hague, “has actively participated in his defense before the ICC, indicating that his available remedies lie with the international tribunal rather than Philippine courts,” the OSG added.
In its Jan. 5 memorandum, the OSG also urged the high court to “exercise judicial restraint,” noting that Duterte’s arrest in March 2025 involved the executive branch.
“The arrest and surrender of the former president involves foreign relations – an area constitutionally entrusted primarily to the executive branch… The Supreme Court has consistently recognized this presidential prerogative,” the OSG explained.
“Although the Philippines has withdrawn from the Rome Statute, the OSG explained that the arrest and surrender were carried out through international police cooperation following the circulation of a diffusion notice for former president Duterte’s arrest.”
The government complied with international law and Republic Act 9851 in surrendering Duterte to the ICC, the OSG said, adding that his “rights and privileges were respected throughout the process (and) he was accompanied by counsel, and family access was not restricted.”
“It stressed that the legal requirements for surrender of the former president were met, namely: (a) another court or international tribunal is conducting the investigation or prosecution; (b) surrender is in the interest of justice and (c) surrender complies with applicable laws and treaties,” the OSG added.
The OSG released the statement on Feb. 17 as part of its update on the habeas corpus petitions filed by Davao City Mayor Sebastian Duterte, Rep. Paolo Duterte and Veronica “Kitty” Duterte.
It also disclosed that it “reentered its appearance” as counsel for the government in December 2025 to oppose the habeas corpus pleas filed on behalf of Duterte and Sen. Ronald dela Rosa, who had reportedly expressed fears of possible arrest by the ICC.
Senate President Vicente Sotto III yesterday rejected calls for a caucus on the potential ICC arrest of Senators Dela Rosa and Bong Go, both named as alleged co-perpetrators in Duterte’s crimes against humanity charge linked to the war on drugs.
“It is still speculative to say Dela Rosa and Go are going to be arrested. Why hold a caucus before there’s even a reason? My answer is, I’ll cross that bridge when I get there,” Sotto said, adding that he would call a caucus only if senators requested it.
Senate President Pro Tempore Panfilo Lacson had suggested a caucus to discuss whether the two senators could stay in the chamber to avoid arrest.
Under the 1987 Constitution, senators are privileged from arrest only during session and for offenses punishable by six years or less. Crimes against humanity carry heavier international penalties.
In a separate statement, Go stressed his commitment to attend Senate sessions.
“I am not afraid, because I have done nothing wrong. That is why I am here today, because I am innocent,” he said.
When asked if he would go absent like Dela Rosa, Go replied, “That’s exactly why I’m here. Why would you want me to be absent?”
Senate Minority Leader Alan Peter Cayetano said the minority bloc is drafting a resolution urging respect for the country’s judicial system instead of automatically complying with foreign arrest warrants.
“The spirit of our Constitution is if there’s a problem, you can run it through Philippine courts. So it’s not right that if the ICC or any international court issues an arrest, we just hand someone over. That interpretation is very dangerous,” he said.
The Department of Justice (DOJ) echoed the call for prudence.
With petitions against Duterte’s arrest still pending before the SC, DOJ spokesman Polo Martinez said it is “prudent to wait for the resolution by the Supreme Court” before taking steps to arrest alleged co-perpetrators. - Ghio Ong, Marc Jayson Cayabyab
