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Rodrigo Duterte fit to stand in pre-trial proceedings: ICC

Published Jan 26, 2026 7:06 pm

The International Criminal Court ruled that former president Rodrigo Duterte is fit to stand in pre-trial proceedings and the confirmation of charges hearing in February.

In its decision on Monday, Jan. 26, the Pre-Trial Chamber I said that Duterte is capable of participating in pre-trial activities, including in the confirmation of charges on Feb. 23.

As ordered, three experts specializing in forensic psychiatry, neuropsychology, and geriatric and behavioral neurology were appointed to conduct a medical assessment, which was submitted last Dec. 5. The Prosecution, the Defence, and the Office of Public Counsel for Victims subsequently submitted observations.

"Having regard to the relevant legal principles, the medical assessment of the independent experts composing the Panel, and all of the relevant circumstances of the case, the Chamber was satisfied that Mr Duterte is able effectively to exercise his procedural rights and is therefore fit to take part in the pre-trial proceedings, which are thereby resumed," the decision read.

The Chamber has likewise declined Duterte's camp's request for an indefinite adjournment and scheduled the start of the confirmation of charges hearing for Feb. 23.

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.

More information about how to attend or watch the proceedings have yet to be announced.

Before this, the independent medical panel had earlier ruled that Duterte is fit to stand in pre-trial proceedings.

This came after Duterte's defense lawyer, Nicholas Kaufman, requested an indefinite adjournment of the legal proceedings, claiming that Duterte suffers from "impaired memory" and an "inability to retain new information."

For their part, the ICC had earlier rejected Duterte's bid for interim release as he "continues to pose a flight risk," stressing he must remain detained to ensure his presence during pre-trial proceedings and a possible trial. It cited his ongoing political influence and network of supporters—including his daughter, Vice President Sara Duterte, and his recent election as Davao City mayor—as evidence of that continued support.

Duterte has been at the ICC since March 12, 2025.

He was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization.

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."