ICC rules Rodrigo Duterte fit to stand trial; hearings to open November 30

The International Criminal Court (ICC) has found former President Rodrigo Duterte fit to stand trial on charges of crimes against humanity linked to his anti-drug crackdown, Philippine news outlets reported on Thursday, October 8.

ICC Trial Chamber III said it was satisfied that Duterte is "able to effectively exercise his fair trial rights" in the proceedings, according to GMA News and Rappler. The decision, dated September 28, was made public on October 8, GMA News reported. The trial is set to open on November 30, 2026, according to GMA News and The Manila Times, which reported that Duterte is 81 years old.

What the experts found

The judges based their decision on the reports of an independent expert panel and on submissions from the parties, The Manila Times reported. According to the newspaper, the experts found that Duterte can understand the charges and the purpose and consequences of the proceedings, follow the case, understand the evidence and instruct his lawyers.

GMA News reported that the panel could not rule out some incipient clinical processes and said further testing might clarify some diagnoses. The experts were unanimous, however, that even without those extra examinations Duterte understands the charges, the proceedings and the evidence presented.

The chamber said fitness to stand trial does not depend on particular medical conditions alone, but on whether the accused can effectively exercise his fair trial rights, according to GMA News.

The defense's objections

Before a status conference on September 16, Duterte's lawyers asked for additional medical tests, GMA News reported. His counsel, Peter Haynes, said an earlier examination had shown significant memory impairment. In its decision, the chamber said the defense misrepresented the instructions it had given the expert panel, according to GMA News.

How the trial will run

The Manila Bulletin reported that the court ordered continued monitoring of Duterte's health. The chamber also told the ICC Registry to make the necessary arrangements for the trial, GMA News said.

In its October 7 observations, the Registry recommended special measures, according to GMA News. These include one-hour sitting blocks — 11:00 a.m. to noon, 2:00 to 3:00 p.m. and 3:30 to 4:30 p.m. local time — permission to leave the courtroom, support for hearing the audio, and calls and visits. The Registry also proposed a possible video appearance from the ICC Detention Centre if the chamber allows it, private talks with his lawyers through a secured telephone line, sitting hours adjusted to the needs of witnesses and the accused, and reports on his health.

The charges

Duterte faces three counts of crimes against humanity over his anti-drug campaign, The Manila Times reported. Prosecutors allege he was involved in at least 76 murders between 2013 and 2018, when he was mayor of Davao City and then president, according to the newspaper. He led the country from 2016 to 2022.

Duterte made his first in-person appearance before the court in mid-September, and he is the first Asian former head of state to face trial at the ICC, The Manila Times reported. ABS-CBN News and Cebu Daily News also reported the ruling.