ICC finds Duterte fit to stand trial, sets Feb. 23 hearing on charges
Former president Rodrigo Duterte (ICC Photo)
The International Criminal Court (ICC) said its Pre-Trial Chamber I has found former president Rodrigo Duterte fit to participate in pre-trial proceedings and has set the start of the confirmation of charges hearing on Feb. 23, 2026.
In a statement on Monday evening, Jan. 26 (Manila time), the ICC said the chamber rejected the defense’s request to indefinitely adjourn the proceedings, which argued that Duterte was not medically fit to take part in the case.
The chamber appointed a panel of three independent medical experts to examine Duterte and received their reports on Dec. 5, 2025. The ICC said the prosecution, the defense, and the Office of Public Counsel for Victims were all given the opportunity to submit observations on the medical findings.
After considering the applicable legal standards, the medical assessments, and the overall circumstances of the case, the chamber ruled that Duterte is able to effectively exercise his procedural rights, the ICC said.
With that finding, the ICC said the pre-trial proceedings will resume, and the confirmation of charges hearing will begin on Feb. 23, over four months from its original schedule.
The court said it will issue a separate order setting the detailed schedule and directions for the hearing, including any measures recommended by medical experts to facilitate Duterte’s participation.
The ICC explained that the confirmation of charges hearing will determine whether there is sufficient evidence to establish substantial grounds to believe that Duterte committed each of the crimes charged.
If one or more charges are confirmed, the ICC said the case will be transferred to a Trial Chamber, which will handle the trial phase of the proceedings.
The ICC added that practical information on how the public can attend or watch the proceedings will be released closer to the hearing date.
The ICC is investigating Duterte for alleged crimes against humanity of murder and attempted murder linked to the Philippines’ anti-drug campaign between Nov. 1, 2011, when Duterte was mayor of Davao City, and March 16, 2019, before the country’s withdrawal from the Rome Statute under his presidency.
A warrant of arrest against Duterte was issued on March 7, 2025, as “Secret” and reclassified as “Public” on March 11, 2025. Duterte was turned over to the ICC on March 12, 2025, after being arrested by Philippine authorities.
His initial appearance before the ICC took place on March 14, 2025, while the confirmation hearing originally set for September 2025 was postponed to resolve the defense’s request for adjournment based on his alleged unfitness to participate.
Duterte's defense, led by Nicholas Kaufman, had claimed that the former president's health had deteriorated. However, Duterte's family, particularly Vice President Sara Duterte, Davao City Representative Paolo Duterte, and youngest daughter Veronica, said Duterte was doing just fine.
Pre-Trial Chamber I is composed of Presiding Judge Iulia Antoanella Motoc and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera.