It’s on: ICC finds Duterte fit for trial
The International Criminal Court’s (ICC) Pre-Trial Chamber I has found former President Rodrigo Duterte fit to take part in the pretrial proceedings on his crimes against humanity case. The commencement of the confirmation of charges hearing against the former Philippine leader is scheduled on Feb. 23.
The chamber made public its decision in a 25-page ruling dated Jan. 26, rejecting the defense’s request for an indefinite adjournment of the proceedings over Duterte’s alleged cognitive impairment.
The chamber said it appointed a panel of three medical experts to undertake a medical examination of Duterte and received the panel’s reports on Dec. 5, 2025. The prosecution, the defense, and the Office of Public Counsel for Victims submitted observations on the report.
Chamber satisfied
With the medical assessment of the panel’s independent experts and all relevant circumstances of the case taken to account, the Chamber said it was satisfied that Duterte is able to effectively exercise his procedural rights and is therefore fit to take part in the pretrial proceedings.
“The Chamber rejected the Defence’s request for an indefinite adjournment and set the date of the commencement of the confirmation of charges hearing for Feb. 23, 2026,” said the ICC in a separate statement issued on Monday.
It noted that an order setting the schedule and directions for the hearing on the confirmation of charges will be issued in due course, including instructions regarding measures that the medical reports have recommended to facilitate Duterte’s participation.
“The purpose of such [a] hearing is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. If one or more of the charges are confirmed, the case will be transferred to a trial chamber, which will conduct the subsequent phase of the proceedings: the trial,” it added.
Physical or virtual?
In a text message to reporters, Caroline Maurel, outreach officer from the Public Information and Outreach Section at the ICC, said the judges had yet to decide whether Duterte’s participation on Feb. 23 will be physical or virtual.
But she said the Chamber would issue such information, and “those directions will include instructions on the taking of measures that the medical reports have recommended to ensure that any medical condition that Mr. Duterte has can appropriately be addressed during the pretrial proceedings,” she said.
The ICC currently has custody of Duterte after he was arrested in March last year and sent to The Hague for crimes against humanity allegedly committed during his administration’s bloody war against drugs.
The antidrug campaign dubbed as “Oplan Tokhang” left at least 6,000 people dead, but human rights groups have reported at least 20,000 killed.
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