Judges at the International Criminal Court (ICC) have ruled that former Philippine president Rodrigo Duterte is fit to participate in pre-trial proceedings over alleged crimes against humanity linked to his war on drugs.
The court also scheduled a hearing for 23 February to determine whether the prosecution has sufficient evidence for the case to proceed to a full trial.
Duterte’s legal team had argued that the 80-year-old was medically unfit to take part in the proceedings, citing claims of cognitive impairment. However, ICC judges said they were satisfied, based on assessments from a panel of medical experts, that Duterte is capable of exercising his procedural rights. He has been detained in The Hague since March 2025.
In their ruling issued on Monday, the judges said the mental capacity required to meaningfully exercise fair trial rights does not need to be “at its notionally highest level.”
Duterte is accused of responsibility for dozens of murders carried out during his controversial anti-drugs campaign, in which thousands of suspected drug dealers, users and others were killed without trial while he was in office from 2016 to 2022. He defended the crackdown as necessary to restore peace and order and promote economic development.
“This ruling tells victims that in the reckoning of Duterte at the ICC, their voices will not be sidelined by technical evasions,” said Congresswoman Leila de Lima, a prominent Duterte critic who was jailed during his presidency on drug charges later ruled baseless.
Duterte was arrested at Manila airport in March 2025 after political ties between his family and his successor, President Ferdinand “Bongbong” Marcos Jr, deteriorated. His detention has deeply divided public opinion in the Philippines, where his populist rhetoric continues to resonate with supporters despite widespread criticism from human rights groups.
In May last year, Duterte was elected mayor of Davao City despite being in prison. His daughter, Vice-President Sara Duterte, is widely expected to run for president in the 2028 elections, when Marcos will be constitutionally barred from seeking a second term.
Erizia Rubyjeana
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