ICC rules Rodrigo Duterte fit to stand trial
MANILA, Philippines — The International Criminal Court (ICC) has ruled that former president Rodrigo Duterte is fit to stand trial for crimes against humanity of murder, saying that he can understand the proceedings and effectively exercise his fair trial rights despite concerns over his health.
In a public redacted decision released on October 8, ICC Trial Chamber III rejected the defense's requests for additional medical examinations and to question the panel of experts who assessed Duterte's fitness to stand trial.
"THE CHAMBER IS SATISFIED that the Accused is able to effectively exercise his fair trial rights in the proceedings and is therefore fit to stand trial," the decision read.
The chamber based its ruling on reports submitted by a panel of three medical experts who examined Duterte. The experts submitted their joint and individual reports on August 21 after being appointed by the chamber in June.
The panel unanimously found that Duterte could understand the charges against him, the purpose and consequences of the proceedings, the evidence and the nature and implications of entering a plea. It also found that he could instruct his lawyers in preparing and conducting his defense.
Duterte's defense team had argued that he “suffers from significant memory impairment that prevents him from retaining recent information and reliably accessing memories.” It sought further medical examinations and an opportunity to question the experts about their findings.
The chamber denied the requests, noting that the defense had not presented evidence to challenge the medical panel's conclusions.
“The Chamber notes that the Defence has not provided any evidence which contradicts or undermines the findings made by the experts,” the decision read.
The experts found that Duterte remained physically frail and needed medical and nursing care. However, they found no evidence of a worsening mental state or cognitive abilities that would prevent him from standing trial.
The chamber ordered measures to support Duterte during the proceedings, including the use of over-ear headphones or hearing aids, assistance with his food, rest and exercise needs, and access to nursing staff during breaks for medication and care.
It also directed the ICC Registry to continuously monitor Duterte's health and immediately report any changes in his condition. The parties may seek a reassessment of his fitness to stand trial if his health changes.
The chamber said sitting hours would be determined on a case-by-case basis, taking into account the circumstances of the proceedings and the needs of witnesses, including those from the Philippines who will testify through video link.
Duterte's defense team is due to file its pre-trial brief on October 30, a month before the scheduled start of his trial.
Duterte faces three counts of crimes against humanity over alleged murders linked to his anti-drug campaign from 2013 to 2018, when he was Davao City mayor and president.
Prosecutors allege his involvement in at least 76 murders during the campaign, which resulted in thousands of deaths.
The 81-year-old former president appeared in person before the ICC on September 16 during a status conference. Trial Chamber III later ordered him to remain detained, citing the likelihood that he could abscond or obstruct or endanger the investigation or court proceedings.
His trial is scheduled to begin on Nov. 30, 2026.
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