A major development has emerged in the case against former Philippine President Rodrigo Duterte at the International Criminal Court (ICC) in The Hague. A panel of independent medical experts has concluded that Duterte is capable of fully engaging in the pre-trial proceedings against him, including the crucial confirmation of charges hearing.
Medical Experts Deliver Unanimous Verdict on Fitness
Acting on a directive from ICC Pre-Trial Chamber I, a multidisciplinary team of specialists in forensic psychiatry, neuropsychology, and geriatric behavioral neurology conducted a thorough evaluation of Duterte's physical and mental state. Their mandate was to determine if he possesses the necessary capacities to understand the proceedings and exercise his fair trial rights.
In observations submitted by ICC Deputy Prosecutor Mame Mandiaye Niang, the panel's findings were clear. Despite acknowledging Duterte's advanced age and physical frailty, the experts unanimously agreed he retains the ability to comprehend the nature of the charges and the evidence presented against him. They found he can understand the purpose and potential consequences of the ICC's process and is capable of meaningfully instructing his legal counsel to aid in his defense.
Prosecution Alleges Feigning, Defense Questions Methodology
Based on this report, Prosecutor Niang formally urged the Pre-Trial Chamber to rule that Duterte is fit to stand trial. Niang went further, stating the prosecution's view that "Mr. Duterte is feigning cognitive impairments in an attempt to avoid a trial on the merits." The prosecution argued that the expert assessments meet all legal standards and should allow the court to resume pre-trial activities, including setting a date for the confirmation of charges hearing.
This view was supported by the Office of Public Counsel for Victims (OPCV), which noted it saw "no obstacles" to Duterte exercising his procedural rights and also called for the hearing to be scheduled without delay.
However, Duterte's defense counsel, Nicholas Kaufman, presented a counter-argument. While acknowledging the panel's conclusion of competence for pre-trial participation, Kaufman contended that methodological inconsistencies undermine the reliability of the joint finding. He has asked the court to hold an evidentiary hearing to review how the assessments were conducted.
Path Forward for the Landmark Case
With the medical report now part of the formal court record, the ICC Pre-Trial Chamber judges must weigh the expert conclusions against the legal submissions from all parties before issuing a final ruling on Duterte's fitness. This ruling will directly shape the scheduling of the confirmation of charges hearing, the next major step where judges decide if there is sufficient evidence to proceed to a full trial.
This development follows the ICC Appeals Chamber's decision on November 28 to confirm the rejection of Duterte's request for interim release, stating his continued detention was necessary to ensure his appearance at trial. The former president was seen via video link from his detention during a prior hearing on March 14, 2025.
