The charges of crimes against humanity against former president Rodrigo Roa Duterte will not be outright dismissed, and he will still remain under the custody of the International Criminal Court (ICC) even if he is found to be unfit to stand trial.

This was the legal opinion of ICC-registered Assistant Counsel Kristina Conti after the document revealing that the ICC’s pre-trial chamber appointed three members of a panel of independent experts to assess the former president’s medical condition came out.

“If the reports indicate that Duterte is unfit, the case will be adjourned (not dismissed) by the judges. He will remain in the custody of the ICC and the case will be reviewed every 120 days (four months),” Conti, a counsel to the victims of Duterte’s drug war, said in a Facebook post.

“If the reports convince the judges to declare him fit to stand trial, then the hearing on the confirmation of charges can be rescheduled the soonest possible. We hope to have the charges finalized and the trial start in 2026,” she added.

In a nine-page document dated Sept. 24 but uploaded only recently, the Chamber ordered the panel of multidisciplinary experts to submit its report on the former chief executive’s medical condition not later than Oct. 31.

The defense, prosecution, and the Office of Public Counsel for Victims (OPCV), on the other hand, can file their observations on the report until Nov. 5.

The panel will be composed of experts on forensic psychiatry, neuropsychology, and geriatric and behavioral neurology.

Conti said the report on Duterte will most likely be confidential, but stressed the important of the process of medical assessment and examination.

“Duterte's fitness for trial is a particularly contentious issue because of conflicting narratives and utterly confusing messages. The decision should facilitate and lead to the prompt resolution of this issue, and the swift resumption of proceedings in the Duterte case,” she wrote.

“On the part of the victims, we are closely monitoring the process to ensure that the rights of all parties are observed and fulfilled, and that any delaying tactic is offset,” she added.

Duterte was supposed to face a confirmation of charges hearing last Sept. 23 but this was postponed due to the defense team’s claims that the former president is unfit to stand trial.

Nicholas Kaufman, the lead counsel, said that the former strongman was suffering from declining cognitive health, citing his alleged difficulties in recalling dates, events, and even members of his own family.

But this runs contrary to remarks made by Duterte’s own children, who said their father is “okay” and that he has expressed concern about the state of the Philippines and even made comments on corruption issues.

The Duterte camp is likewise seeking the adjournment of all legal proceedings against the former president, and has also filed a jurisdiction challenge.

His interim release bid, however, had been rejected.