Duterte Appears at ICC as Judges Assess Fitness for Trial

 

Former Philippine president Rodrigo Duterte appeared before the International Criminal Court in The Hague on Wednesday, marking his first in-person appearance before the tribunal since his arrest in March 2025.

The 81-year-old Duterte attended the proceedings in a dark suit and white shirt without a tie. At the opening of the hearing, Judge Joanna Korner acknowledged that it was his first appearance in person and clarified that he could leave the courtroom whenever he wished without obtaining permission from the judges.

Duterte is facing three counts of crimes against humanity stemming from allegations linked to his anti-drug campaign. Prosecutors have accused him of involvement in at least 76 murders committed between 2013 and 2018.

The former president has previously appeared before the court through a video connection. His defence team has repeatedly raised concerns about his declining condition and argued that he may not be mentally capable of properly participating in the proceedings.

Court Examines Duterte's Fitness

The latest hearing was primarily procedural, with the prosecution, defence and judges addressing logistical matters ahead of the trial. Judge Korner has scheduled the trial to begin on November 30, although proceedings could extend for months or potentially years.

A major issue before the judges is whether Duterte is fit to stand trial.

Three medical experts were ordered to assess his condition, but the complete assessment has not been made public. Duterte's defence team has nevertheless referred to findings from the examinations in submissions filed with the court.

According to the defence, the medical examinations indicated significant memory problems. The lawyers said Duterte has difficulty retaining recent information and accessing memories reliably. They also claimed that he believes he is living in 2007 or 2008, gives his age as 84 or 85, and could not identify the current president of the United States.

His lawyers have maintained that his condition has continued to deteriorate and could affect his ability to understand and participate in the case.

Prosecution Links Case to Anti-Drug Campaign

The ICC prosecution has connected the charges to Duterte's campaign against illegal drugs, which began during his years as mayor of Davao City and continued after he became president.

During confirmation of charges hearings in February, prosecutors alleged that Duterte was responsible for a campaign that resulted in thousands of deaths involving suspected drug users and dealers.

Prosecutors have also alleged that Duterte was linked to a death squad in Davao City during his tenure as mayor. They contend that his public statements and actions formed part of a broader campaign that encouraged the use of lethal force against suspected drug offenders.

The precise number of deaths associated with the anti-drug campaign remains disputed. However, estimates have placed the toll in the thousands, while victims' lawyers have argued that a full trial could encourage additional families to come forward with accounts of alleged abuses.

Defence Rejects Allegations

Duterte's defence has consistently denied the accusations.

His former lawyer, Nicolas Kaufman, told ICC judges in February that Duterte maintained his innocence and argued that the prosecution's evidence was insufficient to support the charges. The defence also characterized the case as politically motivated.

Kaufman argued that Duterte's aggressive public rhetoric should not automatically be interpreted as instructions to unlawfully kill people. He maintained that, despite Duterte's statements, authorities were at times instructed to use lethal force only in situations involving self-defence.

Duterte's case is significant for the ICC because he is the first former Asian head of state to face trial before the tribunal. The court has jurisdiction over individuals accused of some of the gravest international crimes, including war crimes and crimes against humanity.

The proceedings now move toward the November trial date, while judges continue to consider the separate question of whether Duterte's medical condition allows him to participate meaningfully in the case.