After months of debate over his mental fitness, an independent panel of medical experts appointed by the International Criminal Court (ICC) has unanimously concluded on December 18, 2025, that former Philippine President Rodrigo Duterte is “capable of standing trial,” contradicting claims by his lawyers that he suffers from severe cognitive impairment. The ruling brings the ICC closer to resuming long-stalled confirmation hearings for Duterte, who was arrested in March 2025 over alleged crimes against humanity linked to his so-called “war on drugs.”
On January 26, 2026, the ICC Pre-Trial Chamber I found Duterte fit to stand trial and set the start of the confirmation of charges hearing for February 23, 2026.
The ICC-appointed medical experts concluded that Duterte, while elderly and frail, retains the mental capacity to stand trial provided that reasonable accommodations are made. These include regular breaks, simplified questioning, and food tailored to his personal and cultural preferences. Although the experts did not explicitly use the legal phrase “fit for trial,” prosecutors, victims’ representatives, and the Office of the Public Counsel for Victims (OPCV) said the findings meet ICC standards and urged the court to proceed by rescheduling the long-delayed confirmation of charges hearing.
The defense, however, maintain that the need for such accommodations itself demonstrates functional cognitive impairment. Prosecutors counter that Duterte is exaggerating or even feigning cognitive difficulties to evade trial.
On January 9, 2026, ICC Pre-Trial Chamber I rejected Duterte’s attempt to appeal an order requiring the disclosure of communications between the court’s Registry and the medical panel. Judges said the defense was seeking to relitigate issues already settled and emphasized that Duterte’s lawyers have sufficient information to prepare their case.
The judges also turned down calls for an additional or “urgent” assessment by the same medical panel on January 7, 2026, aiming to determine if Duterte still poses a flight risk. The court denied the request, saying judges, not medical experts, decide those risks and that no extra medical report was needed. They noted that the mandate of the independent panel was limited to assessing Duterte’s ability to meaningfully participate in court proceedings.
Duterte’s legal team has repeatedly sought interim release, arguing that the 80-year-old former leader is frail, cognitively impaired, and physically incapable of fleeing, influencing witnesses, or committing further crimes.
The defense claimed his deteriorating health constituted a “changed circumstance” and pointed to discrepancies between assessments conducted by defense-hired doctors and those appointed by the ICC. Both ICC prosecutors and lawyers representing victims of Duterte’s drug war opposed the request, contending that it was a veiled attempt to deliberately prolong already delayed proceedings.
Duterte has been in ICC custody in The Hague since March 2025, facing multiple counts of crimes against humanity related to killings during his administration’s anti-drug campaign and alleged killings of his so-called “Davao Death Squad.”
In a document dated December 24, 2025, ICC prosecutors notified the court that more than 1,300 pieces of evidence have been disclosed to the defense. Most of the evidence are classified as incriminating, though not all are expected to be used during the confirmation of charges hearings. Judges have ruled that no further expert reports are necessary for reviewing Duterte’s continued detention.
Meanwhile, human rights lawyer Ross Tugade has been accredited as an assistant to counsel at the ICC, allowing her to support both defense teams and victims’ lawyers in cases, including those related to Duterte’s “war on drugs.” Tugade brings extensive experience in human rights, international criminal law, and public interest litigation, having previously served with the Human Rights Victims’ Claims Board and the Philippine Commission on Human Rights.