Duterte camp challenges ICC decision on his fitness to stand trial
Rodrigo Duterte's defense team has challenged the International Criminal Court's decision declaring the former president fit to stand in pre-trial proceedings.
Duterte's counsel Nicholas Kaufman, in a 19-page request for leave to appeal ICC's ruling, claimed that the Pre-Trial Chamber "erred in fact and in law" by "ignoring relevant clinical evidence" on the ex-chief executive's lack of fitness to stand trial.
"The Pre-Trial Chamber erred in law when it premised its decision on Mr. Duterte's fitness to participate in the proceeding exclusively on the Panel's reports, instead of also considering the clinical evidence proffered by the Defense experts," the lawyer wrote. In December 2025, an independent medical panel appointed by the ICC decided on the matter.
Kaufman further maintained that Duterte suffers from cognitive impairment "affecting multiple domains, including his memory, executive function, and visuospatial skills."
He added that this has restricted the ex-president's capacity for complex reasoning, as a Defense neurologist said that Duterte's condition was "not expected to improve, even with medical or psychiatric evaluation."
The former president, who is accused of crimes against humanity, is said to be "unable to process information in a manner that will enable him to exercise his rights" before the ICC. Kaufman said that the ICCDC Medical Officer does not permit Duterte to take responsibility for his own medication.
The lawyer also argued that the Pre-Trial Chamber did not assess their findings and that it focused exclusively on the independent panel's reports.
In a Jan. 26 decision, the Pre-Trial Chamber said that Duterte is capable of participating in proceedings, including in the confirmation of charges set for Feb. 23. It also declined the defense's request for an indefinite adjournment.
The ICC said that an order will set the schedule and instructions for the confirmation of charges hearing, including any measures recommended by medical reports for Duterte’s participation. The hearing will decide if there is enough evidence for each charge. If one or more charges are confirmed, the case will be sent to a Trial Chamber for trial.
Duterte has been at the ICC since March 12, 2025 following his arrest at the Ninoy Aquino International Airport.
He has been accused of being an "indirect co-perpetrator for the crime against humanity of murder pursuant to Article 7 (1)(a) of the Rome Statute."
His camp has made appeals for interim release, but The Hague tribunal has rejected this as he "continues to pose a flight risk."
