ICC to decide by January if ex Philippine President Rodrigo Duterte is fit for trial

The International Criminal Court (ICC) is poised to deliver a crucial determination regarding former Philippine President Rodrigo Duterte’s capacity to stand trial by January 2026. This development follows the completion of a comprehensive medical evaluation assessing his cognitive abilities.

ICC assistant counsel Atty. Kristina Conti disclosed this timeline during a radio interview with Super Radyo DZBB on December 21, indicating the court’s systematic approach to addressing health concerns raised by the defense team. The medical assessment, submitted by a panel of experts by the December 5 deadline set by ICC Pre-Trial Chamber I, reportedly concluded that Duterte remains capable of meaningful participation in pre-trial proceedings.

This evaluation directly contradicts claims presented by defense attorney Nicholas Kaufman, who asserted the 80-year-old former leader suffers from severe memory impairment affecting his recollection of events, timelines, and even family members. Kaufman had previously requested an indefinite adjournment based on these cognitive concerns.

The impending fitness determination represents a critical juncture in the case against Duterte, who faces charges of crimes against humanity related to the violent anti-drug campaign he initiated during his tenure as Davao City mayor and later as Philippine president. Currently detained in The Hague, Netherlands, Duterte recently saw his appeal for interim release denied by the ICC Appeals Chamber on November 28.

Conti emphasized the prosecution’s confidence in their evidence, noting that arrest warrants would not be pursued unless the case reached trial readiness. The January decision will therefore determine whether proceedings will advance or face further delays due to health considerations.