ICC Greenlights Duterte Pre-Trial Hearing, Dismisses Health-Based Delay Request
In a pivotal ruling, the International Criminal Court (ICC) has determined that former Philippine President Rodrigo Roa Duterte is fit to participate in pre-trial proceedings, paving the way for a critical confirmation of charges hearing scheduled for February 23, 2026. This decision, issued on Monday, January 26, 2026, marks a significant step forward in the high-profile case that has drawn international attention.
Court Rejects Defense's Bid for Indefinite Adjournment
The Pre-Trial Chamber I, composed of Presiding Judge Iulia Antoanella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge Maria del Socorro Flores Liera, firmly dismissed the defense team's plea for an indefinite adjournment. Duterte's camp had argued that his poor health prevented him from effectively engaging in the legal process, seeking to halt proceedings indefinitely.
However, the judges found this request unmerited after reviewing an independent medical assessment ordered by the Chamber. Three medical experts examined Duterte and submitted their report on December 5, 2025, leading the court to conclude that he can adequately exercise his rights during the proceedings. This assessment was central to the Chamber's decision to move forward without delay.
What the Confirmation of Charges Hearing Entails
The upcoming hearing is a crucial phase in ICC cases, serving as a judicial checkpoint. During this stage:
- Judges will evaluate whether there is sufficient evidence to establish substantial grounds to believe Duterte committed the crimes he is accused of.
- If one or more charges are confirmed, the case will be transferred to a Trial Chamber for a full trial, potentially escalating the legal battle.
The Chamber has announced it will issue a separate order detailing the schedule and directions for the February hearing. This order is expected to include special measures recommended by doctors to facilitate Duterte's participation, ensuring the process remains fair and accessible.
Allegations Stem from Controversial War on Drugs
Duterte faces serious allegations of crimes against humanity, specifically including murder and attempted murder. These accusations are linked to his tenure from November 1, 2011, to March 16, 2019, covering his time as Mayor of Davao City through his presidency. The period coincides with the implementation of his controversial "war on drugs," a campaign that has been widely criticized for its human rights implications.
In response to the ruling, Duterte's lead counsel, Nicholas Kaufman, expressed disappointment in a statement. He highlighted the defense's frustration over being denied the opportunity to present their own medical evidence and to scrutinize what they described as conflicting findings from the court-appointed doctors.
As the February 2026 date approaches, this development sets the stage for a landmark legal proceeding that could have profound implications for accountability and justice in the Philippines and beyond.
