The Pre-Trial Chamber I of the International Criminal Court (ICC) has granted former president Rodrigo Duterte’s request to waive his right to attend next week’s confirmation of charges hearing, allowing the proceedings to be held in his absence.

In a decision dated Feb. 20, the Chamber ruled that “the hearing on the confirmation of charges will be held in the absence of the suspect,” covering all sessions scheduled from Feb. 23 to 27.

The ruling came after the Defense on Feb. 18 submitted Duterte’s written request to waive his right to be present during the hearing.

According to ICC spokesperson Oriane Maillet, the judges found that the document, signed by Duterte, sufficiently complied with Article 61(2)(a) of the Rome Statute and Rule 124 of the Rules of Procedure and Evidence, which allow a suspect to waive his right to attend the confirmation hearing.

The Chamber noted that Duterte acknowledged in writing that he understood his right to be present and the consequences of waiving that right, which had been thoroughly explained to him by his counsel.

“The Chamber considers that, in the present circumstances of the case, it is appropriate to proceed with the hearing on the confirmation of charges in the absence of Mr. Duterte,” the decision read.

Maillet clarified that Duterte’s absence next week is based solely on his waiver and not on health grounds.

On Jan. 26, the same Chamber had already found Duterte fit to take part in pre-trial proceedings following an assessment by a panel of medical experts and consideration of the legal circumstances of the case.

The ICC stressed that while a confirmation hearing may proceed in absentia if properly waived, trials cannot.

Under Article 63(1) of the Rome Statute, the accused must be present during trial proceedings.

Since his transfer to the ICC in March last year, Duterte has been detained at the ICC Detention Centre in Scheveningen, The Hague, where detainees are presumed innocent until proven guilty beyond a reasonable doubt.

The confirmation of charges hearing will determine whether there is sufficient evidence to establish substantial grounds to believe that Duterte committed the crimes alleged against him and whether the case will proceed to trial.

Earlier, the former president sought to skip the hearing, maintaining that the ICC has no jurisdiction over him.

The confirmation stage is a key pre-trial process in ICC proceedings, during which judges assess whether the prosecution’s evidence meets the threshold required to move the case forward to trial.

In a text message, Duterte’s counsel Nicholas Kaufman defended the move to waive his client’s appearance at the confirmation hearing.

“The law entitles the former president to present a waiver, and so he did. The Prosecution has not encountered a situation like this previously, and it clearly conveys in its filing its irritation and belief that it is not the former President who should be controlling the narrative,” Kaufman said Friday, Feb. 20.

He reiterated that Duterte has never recognized the ICC’s jurisdiction over him.

“The former president has never recognized the competence of the ICC to exercise its jurisdiction over him, and, as of the date of his waiver, this matter is still awaiting an appeals judgment. For this reason, there are no grounds to reproach him,” Kaufman said.

“Accordingly, the judges will now have to decide whether to compel the former President’s appearance and how that should be enforced,” he added.