Duterte deemed fit by ICC for crimes against humanity pre-trial proceedings

The International Criminal Court (ICC) Pre-Trial Chamber 1 has said that former President Rodrigo Duterte was fit to take part in the pre-trial proceedings in the crimes against humanity charges that he is facing over the deaths blamed on his war on drugs when he was President and mayor of Davao City.

In a 25-page decision, the ICC also denied Duterte’s request for indefinite adjournment.

The chamber scheduled the commencement of the confirmation of charges hearing on February 23, 2026.

To recall, Duterte’s camp requested an indefinite adjournment of the proceedings in August 2025, stating that he was "not fit to stand trial as a result of cognitive impairment.” The hearing was initially scheduled on September 23.

The former president’s team also sought an assessment of his fitness for trial through a panel of independent experts.

According to the ICC, the three-member panel was composed of an expert in forensic psychiatry, an expert in geriatric and behavioural neurology with experience in examining the elderly's fitness for trial, and an expert in neuropsychology. 

It noted that each expert interviewed, examined, and assessed Duterte in person. The chamber also said that the experts considered Duterte’s personal and medical history, conducted mental state and physical examinations, and undertook cognitive testing.

The chamber said that two experts are unambiguous in their view that Duterte has the mental capacity to understand the charges, the evidence, the conduct, and the purpose of his pre-trial proceedings.

Meanwhile, the chamber said it is clear that one expert concluded that there is no reason why Duterte would lack functional mental capacity to understand the charges. 

“Read holistically, and in light of the cognitive abilities that Professor [REDACTED] is of the opinion that Mr. Duterte possesses, the Chamber is satisfied that Mr. Duterte does have the ability to understand the charges against him and is able to effectively exercise his procedural rights,” the ICC chamber said.

Aside from this, the ICC chamber denied the argument of Duterte’s camp that the report of the panel could not be dispositive, as they contradicted each other.

It said that while the panel had varying opinions, an individual’s fitness to stand trial does not depend on whether he or she has a medical condition but on whether the suspect can exercise his or her rights.

“Notwithstanding any difference of opinion that the three experts had about Mr. Duterte’s [REDACTED], their subsequent assessment of whether Mr. Duterte had the capacities necessary for the meaningful exercise of his procedural and fair trial rights is unanimous,” it said.

The ICC said that the chamber did not attribute Duterte’s “underperformance” on validity tests to his alleged condition.

Meanwhile, the chamber said it would issue an order setting the schedule and the directions for the confirmation of charges hearing in due course.

It said the directions would include instructions on the taking of measures that the medical reports have recommended for Duterte.

The decision was signed by Presiding Judge Iulia Antoanella Motoc and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera.

The ICC Prosecutor has charged the former president with 49 incidents of murder and attempted murder during his time as mayor of Davao City and as President of the Philippines, "although the actual scale of victimization during the charged period was significantly greater."

Based on government records, around 6,200 drug suspects were killed during the Duterte administration's anti-drug operations. Human rights organizations, however, say that the number may reach 30,000 due to the unreported related killings.  –NB, GMA Integrated News