Defense lawyers for former Philippine President Rodrigo Duterte have asked judges of the International Criminal Court (ICC) to order an independent medical assessment, arguing that his deteriorating health makes him physically incapable of fleeing or obstructing justice.
Lead defense counsel Nicholas Kaufman filed the request in an urgent eight-page motion, saying Duterte’s “frail” and “infirm” condition has effectively neutralized the risks typically cited to justify pre-trial detention.
“The Pre-Trial Chamber is requested to order the [Medical] Panel to issue a report focusing on whether Mr. Duterte’s current cognitive state would permit him to flee the ongoing judicial proceedings, to intimidate witnesses, or to commit crimes,” the filing said.
The motion, titled “Defence Request for an Expert Report on Article 58(1)(b) Risk Factors,” was submitted on Friday. Duterte, 80, has been detained at the United Nations Detention Unit in The Hague since March 2025 after his arrest in Manila on charges of crimes against humanity linked to the government’s war on drugs.
The defense is asking the court to immediately direct its medical panel to assess Duterte’s ability to “actualize risk factors” under Article 58 of the Rome Statute and to hold a hearing on his possible release. Under the statute, a suspect may be detained if there is a risk of flight, witness intimidation, or continued criminal activity.
Duterte’s lawyers argue these grounds no longer apply, citing what they described as his physical and cognitive decline. The filing pointed to “unexplained weight loss,” a “total loss of appetite,” and Duterte’s reported need for constant assistance with daily activities, which they said create a “natural” barrier to the risks alleged by the prosecution.
The request comes ahead of a mandatory 120-day review of Duterte’s detention, due by January 9, 2026. Kaufman asked that the medical report be completed on an urgent basis to inform the court’s review.
The defense also criticized the court for repeatedly denying requests for a status conference, which would allow judges to observe Duterte’s condition in person. It argued that with Duterte having been in custody for nearly a year, a formal oral hearing is required under ICC rules, and that a written review is no longer sufficient given what it called the gravity of the situation.
The ICC prosecution has previously questioned the defense’s medical claims, prompting the request for what the defense described as an impartial assessment by the court-appointed Panel of Experts.
The case remains at the pre-trial stage. A confirmation of charges hearing initially scheduled for September 2025 was postponed indefinitely after earlier defense assertions that Duterte was unfit to stand trial.
If granted, the experts’ findings could influence whether Duterte remains in detention or is considered for house arrest or conditional release while proceedings continue.
