ICC orders medical examination anew for Rodrigo Duterte

The International Criminal Court (ICC) Trial Chamber III has ordered a medical examination anew for former President Rodrigo Duterte to find out whether he is fit to stand trial on November 30.

The ICC Trial Chamber III said it “finds that a medical examination of the Accused pursuant to Rule 135 of the Rules is necessary for it to properly discharge its obligations pursuant to Article 64 of the Statute and adjudicate on any issues as to the Accused’s fitness to stand trial.”

This is according to the public redacted version of the “Decision appointing experts for the purpose of a medical examination pursuant to Rule 135 of the Rules of Procedure and Evidence” dated June 12, 2026 and released on Saturday.

“Accordingly, the Chamber is yet to address and resolve the issue of the Accused’s fitness, having not been involved in the previous assessment and determination made by the Pre-Trial Chamber, which was limited in scope to the pre-trial proceedings,” it said.

“Given that the Accused is now to stand trial, the Chamber finds that it requires an objective assessment of the Accused’s health by independent experts for the purposes of making a determination as to his fitness to stand trial,” it added.

Appointed experts

The ICC Trial Chamber III further found that it is reasonable for appointed experts to use as a point of departure the findings contained in the Initial Expert Reports in light of Duterte’s previous medical examination during the pre-trial phase.

Thus, the appointed experts will be determining whether Duterte’s medical condition has changed in any manner that will be relevant for making a determination pursuant to Rule 135 of the Rules.

“The appointed experts must also consider his medical condition, regardless of whether it has remained stable or changed, vis-à-vis the upcoming trial proceedings due to commence on 30 November 2026,” it said.

“Accordingly, for these reasons the Chamber orders a medical examination to be conducted of the Accused pursuant to Rule 135 of the Rules,” the Chamber added.

'Fair trial rights'

Further, the chamber appointed the same multidisciplinary panel selected at the pre-trial stage and have already been admitted to the List of Experts of the ICC and agreed upon by the parties.

The chamber stressed that the issue of whether an accused, namely Duterte, is fit to stand trial “does not depend, in and of itself, on whether he or she has particular medical conditions, but whether he or she is able to effectively exercise his or her fair trial rights in the proceedings.”

Finally, the chamber pointed out that if a medical examination is ordered under Rule 135 of the Rules, “it is the exclusive responsibility of the Chamber to determine the fitness of the accused, in view of its obligations under Article 64(2) of the Statute.”

Meanwhile, the chamber has granted the request of Duterte to include an individual, whose identity was redacted in the document, to his list of his non-privileged contacts.

In an 11-page document dated June 11, the Chamber directed the Registry to immediately inform it of any violation of the contact restrictions in the decision, as well as of any relevant developments. —VAL, GMA News