THE HAGUE, Netherlands — The International Criminal Court (ICC) has declared former Philippine president Rodrigo Duterte fit to stand trial, dismissing defense claims that his memory and cognitive difficulties prevent him from effectively participating in the proceedings.
In a ruling dated September 28 and made public on Thursday, October 8, ICC Trial Chamber III said Duterte could exercise his fair trial rights, allowing the case to proceed toward its scheduled opening on November 30.
The decision followed an assessment by a three-member Expert Panel appointed by the Chamber in June, alongside submissions from the prosecution, defense, victims’ representatives, and the Court’s Registry.
The experts unanimously concluded that Duterte could understand the charges against him, grasp the purpose and consequences of the proceedings, follow the trial, comprehend the evidence, and provide instructions to his lawyers in preparing and presenting his defense.
The Chamber also noted that the panel found no indication that Duterte’s mental condition or cognitive abilities had deteriorated. However, the experts observed inconsistencies in some of his assessments and acknowledged his physical frailty and continued need for medical and nursing assistance.
According to the panel, Duterte’s “general physical health appears to have been optimized.” It also reported an “apparent improvement in Mr Duterte’s health” since its previous assessment, crediting medical and nursing care, thorough diagnostic procedures, and adjustments to his medication.
The defense challenged these findings, arguing that Duterte “suffers from significant memory impairment that prevents him from retaining recent information and reliably accessing memories.” It asked the judges to require further medical examinations or permit the parties to question the experts.
The Chamber rejected the request, noting that the panel had identified inconsistencies in Duterte’s performance and test results that it attributed to “underperformance.” The experts characterized any potential cognitive impairment as mild, incipient, or pre-clinical.
The judges likewise dismissed the defense’s argument that Duterte must personally examine hundreds of pages of witness transcripts, hours of video recordings, and thousands of other pieces of evidence. They emphasized that reviewing and processing such extensive material is primarily the responsibility of defense counsel.
“In light of these considerations and pursuant to the Expert Panel’s Reports, the Chamber is satisfied that, having instructed highly experienced Defense Counsel, with their assistance, the Accused is able to understand evidence and instruct his counsel through the trial proceedings,” the Chamber said.
Despite finding him fit for trial, the judges ordered measures to support Duterte’s participation. These include assistance with hearing, food, rest, exercise, and medication, as well as the availability of a nursing staff member during breaks.
The Chamber also declined to establish a rigid schedule for hearings, directing that sitting hours be determined “on a case-by-case basis” and adjusted where possible to accommodate the circumstances and needs of Duterte and the witnesses.
Additionally, the ICC Registry was instructed to ensure continuous monitoring of Duterte’s health by the Medical Officer of the ICC Detention Centre and to promptly inform the judges of any changes in his medical condition.
The ruling resolves a major issue that needed to be settled before the trial could begin. The ICC had previously found Duterte fit to participate in pre-trial proceedings in January and confirmed the charges against him in April.
Duterte has remained in ICC custody since March 12, 2025, when he was surrendered to the Court following his arrest in Manila under an ICC warrant.
The case concerns allegations of crimes against humanity connected to killings during the Philippines’ anti-illegal drugs campaign. The fitness ruling addresses Duterte’s ability to participate in the proceedings and does not determine his guilt or innocence on the charges.