THE HAGUE — The International Criminal Court (ICC) has clarified that trials cannot proceed without the physical presence of the accused once charges have been confirmed, citing Article 63 (1) of the Rome Statute. 

The announcement was made on Friday, February 20, 2026, following questions raised about the participation of former Philippine President Rodrigo Duterte in his upcoming confirmation of charges hearing.

“Should the charges be confirmed, the ICC does not permit trials to take place in the absence of the accused. Under Article 63 (1) of the Rome Statute, the accused shall be present during the trial,” ICC spokesperson Oriane Maillet said in a statement.

The clarification came after the ICC’s Pre-Trial Chamber I granted Duterte’s request to waive his right to attend the confirmation of charges hearings scheduled from February 23 to 27, 2026. While the chamber allowed him to skip the pre-trial proceedings under Article 61, Paragraph 2 (a) of the Rome Statute and Rule 124 of the Rules of Procedure and Evidence, the court emphasized that such exemptions do not extend to the trial itself.

The ICC stressed that the requirement for an accused to be present during trial is fundamental to ensuring fairness and accountability in international criminal proceedings. The rule prevents trials in absentia, which could undermine the rights of the accused and the integrity of the judicial process.

Duterte’s legal team had previously argued that he was unfit to attend hearings, leading to delays in the confirmation of charges process. The ICC’s latest statement underscores that while certain procedural accommodations may be granted during pre-trial stages, the trial phase demands the direct participation of the accused.

This development is expected to shape the course of Duterte’s case and reaffirm the ICC’s commitment to upholding due process. Legal experts note that the ruling reinforces the principle that accountability in international justice cannot be pursued without the accused being present to face the charges against them.

The hearings later this month will determine whether the charges against Duterte will be confirmed, setting the stage for a possible trial where his presence will be mandatory under ICC rules.