Former Philippines president Duterte fit for pre-trial hearings: ICC judges

The prosecutors say that Duterte created, funded and armed death squads during his war on drugs

Published Mon, Jan 26, 2026 · 10:09 PM
    • The judges of the International Criminal Court said that a report by independent medical experts found that Duterte would be able to understand and participate in his case.
    • The judges of the International Criminal Court said that a report by independent medical experts found that Duterte would be able to understand and participate in his case. PHOTO: REUTERS

    [THE HAGUE, Netherlands] Judges at the International Criminal Court (ICC) have ruled that the former Philippine president Rodrigo Duterte, 80, is fit to attend pre-trial hearings and will hold a confirmation of charges hearing on Feb 23, the court said on Monday (Jan 26).

    His defence had said that Duterte, who is being held in The Hague, Netherlands, over murders committed during his war on drugs, could not stand trial due to his cognitive decline.

    The judges said that a report by independent medical experts found that Duterte will be able to understand and participate in his case.

    They noted that for someone to be deemed fit to take part in their case, it is enough that they have a broad understanding of the procedures, not that they operate at their highest level.

    “The Chamber is satisfied, in law, that ... Duterte is able effectively to exercise his procedural rights, and is therefore fit to take part in the pre-trial proceedings,” the judges added.

    It is rare for international courts to find suspects, even elderly ones, wholly unfit for trial. The ICC has never found a suspect unfit for trial, despite several other defendants’ petitions.

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    Duterte served as the president of the Philippines from 2016 to 2022, and was arrested and taken to The Hague last March.

    The ICC prosecutors said that Duterte created, funded and armed death squads during his war on drugs, when thousands of alleged narcotics peddlers and users were killed.

    The judges also set a new date for his confirmation of charges hearing.

    The prosecutors want to charge Duterte with three counts of murder as a crime against humanity involving over 75 victims, but under the ICC system, the judges will have to confirm the charges after separate hearings before the case can move to trial.

    The police said that 6,200 suspects were killed during anti-drug operations under Duterte’s presidency. But activists said the real toll was far higher, and the ICC prosecutor has said that as many as 30,000 people may have died.

    Duterte has long insisted that he instructed the police to kill only in self-defence and has always defended the crackdown, repeatedly telling his supporters that he was ready to “rot in jail” if it meant ridding the Philippines of illicit drugs. REUTERS

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