International Criminal Court (ICC) prosecutors have formally opposed former president Rodrigo Roa Duterte’s bid to skip his confirmation of charges hearing, arguing that he is fit to attend and has no valid legal basis to be absent.

In a 19 February 2026 filing before Pre-Trial Chamber I, the Office of the Prosecutor said Duterte “is available, fit, and should attend the hearing in person,” urging the Chamber to reject his request to waive his right to appear.

The prosecution maintained that Duterte is “not entitled to unilaterally excuse himself from attending the proceedings in-person,” stressing that it is ultimately up to the Chamber to determine whether there is cause to hold the confirmation hearing in the absence of the suspect.

Duterte, through his defense team, had sought to waive his right to attend the hearing, reportedly citing his non-recognition of the Court’s jurisdiction, claims that he was “kidnapped,” and assertions that the charges are politically motivated.

However, prosecutors argued that such positions do not justify holding the confirmation proceedings without him present.

The filing also underscored that Duterte’s health condition has already been extensively examined and litigated before the Chamber. According to the prosecution, the court previously concluded that he is physically and mentally fit to participate in the confirmation proceedings and has put measures in place to ensure his comfort during the hearing.

Prosecutors added that complaints about being “old, tired, and frail” had already been considered by the Chamber and cannot now serve as grounds to avoid appearing in court.

Beyond fitness, the prosecution stressed the importance of Duterte’s physical presence, describing the confirmation hearing as a significant milestone for victims in the case. It also emphasized that proceedings must remain open and that the accused should be visible while responding to criminal charges.

In its conclusion, the Office of the Prosecutor respectfully requested that the Chamber deny Duterte’s request, stating that there is “no reasonable cause” for him not to appear in person at the confirmation hearing.

The Pre-Trial Chamber is expected to rule on the matter ahead of the scheduled confirmation proceedings in The Hague.