ICC Postpones Duterte Trial Amid Dispute Over Fitness to Stand Trial

The International Criminal Court (ICC) has delayed legal proceedings against former Philippine President Rodrigo Duterte after his legal team argued he is unfit to stand trial. The Hague-based tribunal’s Pre-Trial Chamber I made the decision despite the prosecution’s request to appoint its own medical expert to independently evaluate Duterte’s health.

According to a redacted document released by the ICC on September 11, the prosecution responded to the defense’s plea for an indefinite adjournment by emphasizing its intention to engage expert medical personnel to assess Duterte’s fitness for trial. It stated, "The [REDACTED] is expected to provide additional information regarding Mr Duterte's health condition which will further assist the Chamber in its determination of the Defence Request."

The prosecution challenged the defense’s claim, observing that decisions on adjournment should not rely solely on reports and opinions from defense-appointed experts, asserting that it does not accept these conclusions without further verification. It requested equal access to all relevant medical records and documentation used by the defense experts.

Duterte, 80, is currently detained at the Hague Penitentiary Institution, facing charges related to alleged crimes against humanity linked to his administration’s controversial drug war. His defense lawyer, Nicholas Kaufman, contended that Duterte suffers from cognitive impairments including memory loss which hinders his ability to effectively participate in his defense. Kaufman described Duterte’s condition as marked by an inability to recall recent events, people, and even members of his defense team.

In contrast, the prosecution argued for further medical assessment to substantiate or refute these claims, noting that the initial defense findings remain untested. The prosecution also expressed its preference for the confirmation of charges hearing to occur before the end of 2025.

The prosecution requested the court to deny the defense’s call for an indefinite postponement and to reject their alternate proposal to hold a status conference. While acknowledging that a brief adjournment might be warranted, the prosecution called for the shortest possible delay necessary for the court to rule on Duterte’s fitness to stand trial.

Since the ICC case was opened, prosecutors have submitted extensive evidence consisting of 12 batches with hundreds to thousands of items each. Over 300 victims of the drug war have applied to participate in the proceedings.

Duterte’s drug campaign reportedly resulted in more than 6,000 deaths according to government figures, although human rights groups estimate the toll could be as high as 30,000 due to underreported incidents.