ICC Judges Declare Duterte Fit to Face Crimes Against Humanity Proceedings
Judges at the International Criminal Court (ICC) have ruled that former Philippine president Rodrigo Duterte is medically and mentally fit to participate in pre-trial proceedings over alleged crimes against humanity arising from his controversial war on drugs.
In a decision issued on Monday, the judges also scheduled a hearing for February 23 to determine whether prosecutors have presented sufficient evidence for the case to advance to a full trial.
Duterte’s defence team had argued that the 80-year-old former leader was unfit to stand trial, citing alleged cognitive impairment. However, the judges said medical assessments conducted by a panel of independent experts confirmed that Duterte remains capable of understanding the proceedings and exercising his procedural rights. Duterte has been in ICC custody in The Hague since March 2025.
In their ruling, the judges clarified that the mental capacity required to ensure a fair trial does not have to be “at its notionally highest level,” but must be sufficient to allow the accused to meaningfully participate in the process.
Duterte faces accusations of responsibility for dozens of killings linked to his anti-drug campaign, which ran from 2016 to 2022 and resulted in the deaths of thousands of suspected drug dealers, users and alleged criminals, many of whom were killed without trial. Duterte has consistently defended the campaign, arguing it was necessary to restore law and order and spur economic development.
Reacting to the ruling, Congresswoman Leila de Lima, a prominent Duterte critic who was jailed during his presidency on drug charges later ruled baseless, said the decision was a significant step toward accountability.
“This ruling tells victims that in the reckoning of Duterte at the ICC, their voices will not be sidelined by technical evasions,” de Lima said.
Duterte was arrested at Manila’s international airport in March 2025 after relations between his family and his successor, President Ferdinand “Bongbong” Marcos Jr, deteriorated. His detention has sharply divided public opinion in the Philippines, where his populist appeal remains strong despite sustained criticism from human rights groups.
In a surprising political development, Duterte was elected mayor of Davao City in May last year while in detention. Meanwhile, his daughter, Vice President Sara Duterte, is widely expected to contest the 2028 presidential election, when President Marcos will be constitutionally barred from seeking a second term.
