ICC Judges Find Duterte Fit; Pre-Trial Hearing Set for Feb. 23

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Former president Rodrigo Duterte will face the confirmation of charges at the International Criminal Court (ICC) starting February 23, 2026, after judges ruled he is fit to participate in pre-trial proceedings.

Pre-Trial Chamber I unanimously rejected Duterte’s defense request to indefinitely postpone the hearing, which argued the former president suffers cognitive impairment.

The court relied on reports from an independent panel of medical experts tasked with assessing Duterte’s ability to take part in the proceedings.

“Having carefully considered all of the relevant circumstances of the case, in particular the expert opinions provided by the panel, and the defense’s observations thereon, the Chamber finds the conclusions of the panel to be reliable,” the ruling read.

“Read holistically… the Chamber is satisfied that Mr. Duterte does have the ability to understand the charges against him and is able effectively to exercise his procedural rights.”

The judges said Duterte will participate with “certain measures” recommended by medical experts to support his involvement.

They also dismissed the defense’s claim that the experts’ findings were contradictory.

“In making submissions relating to Mr. Duterte’s memory, the defense takes individual findings of members of the panel out of context,” the judges said.

“The Chamber finds persuasive the holistic approach adopted by the experts in their assessment of Mr. Duterte and accepts the resulting clear and unanimous conclusions which they draw in relation to his capacities to meaningfully exercise his procedural and fair trial rights.”

The ICC said Pre-Trial Chamber I appointed three independent medical experts to examine Duterte, and their reports were submitted on December 5, 2025.

The prosecution, defense, and the Office of Public Counsel for Victims all submitted observations on the findings before the judges issued their ruling.

The February 23 confirmation of charges hearing will determine whether there is sufficient evidence to establish substantial grounds to believe Duterte committed crimes against humanity, including murder and attempted murder linked to the Philippines’ anti-drug campaign from November 1, 2011, to March 16, 2019.

If any charges are confirmed, the case will move to the Trial Chamber for full proceedings.

Duterte was arrested and handed over to the ICC on March 12, 2025, and made his initial appearance on March 14, 2025.

The hearing, originally scheduled for September 23, 2025, was postponed after the defense requested an adjournment citing Duterte’s alleged unfitness.

His defense, led by Nicholas Kaufman, said Duterte’s health had deteriorated, while his family—including Vice President Sara Duterte, Representative Paolo Duterte, and youngest daughter Veronica—insisted he was in good health.

Pre-Trial Chamber I consists of Presiding Judge Iulia Antoanella Motoc and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera.

The ICC will release a detailed schedule and public access information before the hearing.


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