The International Criminal Court (ICC) has delivered a significant ruling regarding former Philippine President Rodrigo Roa Duterte, determining that he is medically fit to participate in pre-trial proceedings. This decision paves the way for the crucial confirmation of charges hearing to commence on February 23, 2026, marking a pivotal development in the high-profile case.
Court Rejects Defense Request for Adjournment
In a decision released on Monday, January 26, 2026, Pre-Trial Chamber I firmly rejected the defense team's request for an indefinite adjournment. The defense had argued that Duterte was medically unfit to engage in the proceedings, but the judges found this claim unsubstantiated following a comprehensive independent medical assessment ordered by the Chamber.
The three-judge panel, consisting of Presiding Judge Iulia Antoanella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge María del Socorro Flores Liera, stated they were satisfied that Duterte can effectively exercise his procedural rights. This assessment came after a panel of three medical experts thoroughly examined the former president and submitted their detailed reports to the Court on December 5, 2025.
Medical Evidence and Legal Arguments
Following the submission of medical reports, observations on the findings were filed by multiple parties, including the prosecution, the defense, and the Office of Public Counsel for Victims. This collaborative review process ensured all perspectives were considered before the Chamber reached its final determination.
However, Duterte's lead legal counsel, Nicholas Kaufman, expressed strong disappointment with the ruling. In a statement, Kaufman revealed that the defense was denied the opportunity to present their own medical evidence and to question, in court, what they described as contradictory findings from professionals selected by the judges.
"The Defence will seek leave to appeal this decision and argue that Mr. Duterte was denied due process," Kaufman asserted, indicating that legal challenges may continue as the case progresses.
Upcoming Confirmation of Charges Hearing
The confirmation of charges hearing represents a critical stage in ICC proceedings. During this scheduled hearing, judges will meticulously examine whether sufficient evidence exists to establish substantial grounds to believe that Duterte committed the crimes with which he is charged. If one or more charges are confirmed, the case will advance to a Trial Chamber for full trial proceedings.
The Chamber has announced it will issue a separate order outlining the specific schedule and directions for the February hearing. This order will include particular measures recommended by medical experts to facilitate Duterte's participation, ensuring the proceedings accommodate any legitimate health considerations while maintaining judicial integrity.
Background of the Case
Rodrigo Duterte faces allegations of crimes against humanity, including murder and attempted murder, allegedly committed in the Philippines between November 1, 2011 and March 16, 2019. This period spans his tenure as mayor of Davao City and his presidency, during which he implemented the controversial drug war that has drawn international scrutiny.
The legal journey has seen several developments:
- Duterte was arrested by Philippine authorities on March 12, 2025
- He was subsequently surrendered to the ICC
- His initial appearance before the Court occurred on March 14, 2025
- The confirmation of charges hearing was originally scheduled for September 23, 2025 but was postponed after the defense raised questions about Duterte's fitness to stand trial
This latest ruling represents a significant step forward in a case that has captured global attention, with implications for international justice and Philippine political history. The February hearing will be closely watched by legal experts, human rights advocates, and observers worldwide as the ICC continues its examination of these serious allegations.
