The International Criminal Court (ICC) has ordered a medical examination of former Philippine President Rodrigo Duterte, who is currently detained in The Hague on charges of crimes against humanity in connection with killings under his anti-drug campaign and during his tenure as Davao City mayor.
In a decision by the ICC Pre-Trial Chamber I, the tribunal appointed a panel of three medical experts and directed them to submit a joint report, or individual reports if necessary, to the court’s Registry no later than October 31, 2025.
The defense, the prosecution, and the Office of Public Counsel for Victims have been given until November 5 to file their comments.
“The Chamber emphasizes that the question of whether a suspect is fit to take part in the pre-trial proceedings is a question of law that falls exclusively within the remit of the Chamber’s legal determination,” the court said.
The ICC clarified that fitness to stand trial does not depend solely on a person’s medical condition, but rather on whether the accused can effectively exercise their procedural rights.
To determine Duterte’s capacity to participate in the proceedings, the tribunal instructed the panel to assess:
1. Whether Duterte suffers from any medical condition affecting his ability to follow and take part in the ongoing pre-trial proceedings, including the confirmation of charges hearing; and
2. Whether special measures or adjustments are recommended to accommodate his condition during the proceedings.
The panel, whose members’ names were redacted from the public version of the decision, includes:
• A forensic psychiatry expert,
• A neuropsychology expert, and
• A geriatric and behavioral psychology expert with experience in assessing elderly individuals’ fitness to participate in judicial proceedings.
Duterte’s defense counsel, Nicholas Kaufman, had earlier sought an indefinite postponement of court proceedings, claiming the 80-year-old former president was “unfit for trial.”
Kaufman said Duterte could no longer recall events, places, or even close family members, and lacked the cognitive ability to understand his detention or to properly conduct his defense.
The ICC postponed Duterte’s confirmation of charges hearing, originally set for September 23, in light of the defense’s claim.
In a public redacted version of the “Defense Request for an Indefinite Adjournment” released on September 11, Kaufman argued that Duterte was unable “to process the reasons for his detention.”
However, the ICC denied a separate request for interim release, ruling on September 26 that Duterte’s continued detention “remains necessary under Article 60(2) of the Statute,” citing conditions outlined under Article 58(1).
The decision also referenced Duterte’s objections to his arrest and detention, his family’s appeal for his repatriation to the Philippines, and public remarks from Vice President Sara Duterte, who had previously said she would “break her father out” of ICC custody.
