Former Philippine President Rodrigo Duterte’s decision to skip his upcoming International Criminal Court (ICC) hearing has been described as both a “propaganda” move and a legal strategy, according to Mamamayang Liberal (ML) Party-list Rep. Leila de Lima.

In a signed statement dated February 17, Duterte’s legal counsel Nicholas Kaufman released a copy of the letter, declaring that he wanted to waive his right to attend the confirmation of charges hearing.

Meanwhile, in a social media post on Thursday, De Lima pointed out that Duterte’s signed waiver is proof that the former leader has the mental capacity to attend the confirmation of charges hearing.

“Its legal effect is based on the premise that he understood the statement so as to affix his signature to it,” said De Lima.

She added: “It is evidence against Kaufman’s own argument that Duterte is not fit to stand trial because he is supposedly unable to give instructions for his defense. The statement is clear evidence that Duterte is able to defend himself.”

De Lima described Duterte’s waiver as serving dual purposes.

“The statement is meant to serve both as propaganda and legal strategy,” she explained.

According to De Lima, it functions as propaganda because it projects a defiant Duterte while appealing to emotion by implying he anticipates dying in prison.

“It is legal strategy because Duterte’s appearance will not serve any positive purpose but might endanger his defense in case Kaufman is not able to control him before the ICC judges, as Duterte is famous for his outbursts in whatever venue regardless of the solemnity of the occasion,” she added.

She also noted that Duterte’s non-appearance is largely preemptive damage control on the part of his lawyer, since Duterte is unpredictable even in structured proceedings like Senate and House hearings.

De Lima further questioned the authenticity of the waiver statement itself, arguing that it does not reflect Duterte’s usual speech pattern.

“The statement was obviously not prepared by Duterte. Duterte does not speak in such a controlled manner. Duterte would have boasted that he implemented the drug war to save his country, rather than deny that any state-sponsored mass execution ever happened. Duterte never denied the substance of his drug war. He always boasted about killing and ordering the killing of drug war victims,” she said.

She continued, “The statement reveals that up to now he cannot accept that human beings are subject to accountability for their actions, that the ICC is real, that there is such a higher power and authority that can put him on trial and hold him to account.”

Duterte’s remarks, she added, reflect his belief that “nothing and no one is above him,” dismissing the authority of the ICC and existing moral or legal frameworks.

The ICC hearing for Duterte is set to take place from February 23 to 27, 2026.