Prosecutors at the International Criminal Court seeks chamber to reject the request of former president Rodrigo Roa Duterte to be excused from attending his scheduled confirmation of charges hearing, saying there is “no reasonable cause” for his absence.

In its response to Duterte’s formal notification seeking to waive his right to attend the proceedings, the Prosecution said the former chief executive remains physically and mentally capable of appearing in person before the court.

The filing stressed that Duterte failed to present any compelling justification that would warrant holding the confirmation hearing without his presence.

According to the Prosecution, the reasons cited by Duterte’s camp — including his claim that he does not recognize the court’s jurisdiction, that he was “kidnapped,” and that the charges filed against him were fabricated by political opponents — are not valid grounds to allow him to skip the proceedings.

“These statements are a continuation of Mr Duterte’s rejection of the legitimacy of the proceedings against him before the Court,” the document stated.

“His refusal to acknowledge the legitimacy of the proceedings does not constitute cause to hold the confirmation hearing in his absence.”

The Prosecution further dismissed assertions that Duterte is already “old, tired, and frail,” describing such claims as irrelevant to the matter at hand.

It noted that Duterte’s health condition had already been thoroughly examined by the Chamber, which found him fit and competent to participate in the confirmation process based on independent medical evidence and expert opinion.

Measures have also been put in place by the court to ensure Duterte’s comfort throughout the hearing.

Prosecutors added that Duterte’s refusal to attend the proceedings — including his reported decision not to follow the hearing even through video link — suggests that his reasons for non-appearance are not health-related but stem from his rejection of the court’s authority.

“As the panel of experts concluded, unanimously, Mr Duterte is an unreliable historian in regard to assessment of his health and mental fitness.”

In its conclusion, the Prosecution urged the Chamber to deny Duterte’s request to waive his right to appear, reiterating that there is no reasonable cause for him not to personally attend the confirmation hearing scheduled on February 23.