MANILA — Former president Rodrigo Duterte will face trial on November 30 over alleged crimes against humanity linked to his bloody anti-drug campaign after the International Criminal Court (ICC) rejected concerns over his fitness to stand trial, ruling that the 81-year-old former leader is capable of understanding the charges and defending himself in court.
In a ruling dated September 28 and released publicly on October 8, ICC Trial Chamber III determined that Duterte could meaningfully participate in the proceedings, removing a major procedural obstacle to the trial.
“The chamber was satisfied that the accused is able to effectively exercise his fair trial rights in the proceedings,” the court said.
The decision followed an assessment by an independent panel of medical experts, whose findings were evaluated alongside submissions from the prosecution, defense and other participants in the case.
According to the panel, Duterte possesses the capacity to understand the nature of the charges against him, the purpose of the proceedings and their possible consequences.
The experts also determined that the former president could follow court hearings, comprehend evidence presented against him and communicate effectively with his lawyers in preparing and conducting his defense.
However, the panel recommended that the court consider appropriate sitting hours on a case-by-case basis, taking into account Duterte’s circumstances and those of individual witnesses.
The judges also rejected the defense team’s requests for additional medical examinations and permission to question the independent experts.
An initial request for an oral hearing on Duterte’s fitness to stand trial was likewise denied.
The ruling settles a major procedural question surrounding Duterte’s ability to participate in the proceedings, although it does not determine his guilt or innocence.
Duterte faces three counts of crimes against humanity arising from alleged killings carried out during his administration’s controversial anti-drug campaign.
ICC prosecutors have linked the former president to at least 76 murders allegedly committed between 2013 and 2018, covering his tenure as Davao City mayor and later as president of the Philippines.
The former president, who governed the country from 2016 to 2022, has been detained in The Hague since his transfer to ICC custody in March 2025.
He appeared personally before the international tribunal during a status conference in September.
His legal team had raised questions about his ability to participate effectively in the proceedings, prompting the court to seek independent medical assessments.
With the fitness issue resolved, the ICC can proceed with the scheduled trial, during which prosecutors will seek to establish Duterte’s alleged criminal responsibility for killings associated with his administration’s anti-drug operations.
The proceedings will also provide Duterte’s defense team an opportunity to challenge the prosecution’s evidence and contest the allegations against him.
The former president remains presumed innocent unless proven guilty before the international tribunal./PN
