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Home > ICC Pre-Trial Chamber Finds Duterte Fit to Stand Trial

ICC Pre-Trial Chamber Finds Duterte Fit to Stand Trial [1]

Blog Name: 
International Law in Brief [2]
Author: 
Özge Karsu

Photo by United Nations Photo (CC BY-NC-ND 2.0)

 

On January 26, 2026, Pre-Trial Chamber I of the International Criminal Court (ICC) issued [3] a public redacted decision finding that former Philippine President Rodrigo Roa Duterte is fit to participate in pre-trial proceedings in the Situation in the Republic of the Philippines.

 

The decision rejects the Defence’s request for an indefinite adjournment of proceedings based on alleged cognitive impairment and unfitness to stand trial. The Chamber recalled that fitness is a legal question focused on whether a suspect can meaningfully exercise procedural and fair-trial rights, rather than on the existence of specific medical conditions.

 

The Chamber appointed an independent panel of three medical experts pursuant to Rules 113 and 135 of the Rules of Procedure and Evidence. While the experts differed on certain medical diagnoses, they unanimously concluded that Duterte possesses the functional mental capacities necessary to understand the charges, follow the proceedings, and instruct counsel. The Chamber found that these conclusions are reliable and sufficient to determine that Duterte is fit to participate in the pre-trial proceedings.

 
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Source URL: https://www.asil.org/ILIB/icc-pre-trial-chamber-finds-duterte-fit-stand-trial

Links
[1] https://www.asil.org/ILIB/icc-pre-trial-chamber-finds-duterte-fit-stand-trial
[2] https://www.asil.org/blog-name/international-law-brief
[3] https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180d93da9.pdf