The pre-trial chamber of the International Criminal Court (ICC) has ordered a medical examination on detained former president Rodrigo Duterte to determine his fitness to stand trial for the charges of crimes against humanity of murder.

In a nine-page document dated Oct. 16 and signed by PTC I judges Iulia Antoanella Motoc, Reine Adélaïde Sophie Alapini-Gansou, and María del Socorro Flores Liera, the chamber asked a multidisciplinary panel composed of forensic psychiatrist, neuropsychologist, and an expert in geriatric and behavioral neurology to examine the former president.

“In light of the above, and in order for the Chamber to properly adjudicate on any issues as to Mr. Duterte’s fitness, the Chamber instructs the Panel to proceed with a medical examination of Mr Duterte and provide its assessment on the following issues,” the document read.

“(i) whether and, if so, at what level Mr. Duterte suffers from any medical condition which might have an effect on his ability to follow and take part in the ongoing pre-trial proceedings, including the confirmation of charges hearing; and (ii) whether any special measures or adjustments are recommended to address any medical condition of Mr. Duterte, also in light of any prognosis, during the pre-trial proceedings, including the confirmation of charges hearing,’” it added.

However, the chamber emphasized that “the question of whether a suspect is fit to take part in the pre-trial proceedings is a question of law that falls exclusively within the remit of the Chamber’s legal determination.”

A fitness to stand trial, the chamber stressed, “does not depend, in and of itself, on whether the suspect has particular medical conditions, but rather on whether he or she is able to effectively exercise his or her procedural rights.”

The pre-trial chamber has given the panel until Oct. 31 to submit its report on Duterte to the ICC Registry.

Duterte’s defense team, the Prosecution, and the Office of Public Counsel for Victims (OPCV), on the other hand, can file their observations no later than Nov. 5 and “bearing in mind that, following the 8 September 2025 Order and the triggering of the procedure set out under rules 113 and 135 of the Rules, no further submissions on the merits of Mr. Duterte’s health situation are expected from the parties.”

The former president, last seen by the public via teleconference on March 14, was supposed to attend the confirmation of charges hearing on Sept. 23 but this was postponed by the pre-trial chamber after his defense team claimed he was unfit to stand trial.

The defense team is also seeking for an indefinite adjournment of all legal proceedings against Duterte, citing his deteriorating cognitive abilities. Nicholas Kaufman, his lead counsel, said that the former chief executive was having difficulties recalling events, dates, and names.

This is contrary to remarks made by Vice President Sara Duterte and other family members who have visited Duterte as they have all claimed he was okay and could even talk about politics and current events.