Judges face competing claims over the former Philippine president’s health and detention before his November trial
Former Philippine president Rodrigo Duterte is expected to appear at the International Criminal Court in The Hague on Wednesday, his first public appearance in more than a year. The status conference comes as judges consider sharply opposed arguments about his fitness for trial, requests for further medical examination and whether he should remain in detention.
The hearing is a procedural step rather than the opening of Duterte’s trial, which is scheduled for 30 November. Presiding Judge Joanna Korner previously indicated that the 81-year-old was expected to attend unless a medical issue prevented his appearance.
Duterte has been held at the ICC detention centre in Scheveningen since his transfer to the court in March 2025. His earlier appearances and participation have been limited amid continuing arguments about his health.
Fitness for trial remains disputed
The court-appointed medical panel’s findings have become the central point of disagreement before Wednesday’s conference.
Duterte’s defence says he has substantial memory problems that prevent him from understanding the case fully, recalling events reliably or giving effective instructions to his lawyers. It has asked the judges to order neurological examinations and allow further questioning of the experts if additional assessments are refused.
The prosecution takes the opposite position. It argues that the panel’s assessment supports a finding that Duterte can exercise his procedural rights meaningfully with suitable practical accommodations. Prosecutors have also questioned the reliability of his effort during parts of the assessment.
Much of the underlying medical evidence remains redacted to protect confidential health information. That limits what the public can independently conclude about the competing claims. The judges have not yet issued their latest decision on fitness.
The distinction is important. Fitness to stand trial is not a judgment about guilt or innocence. It concerns whether an accused person can understand proceedings, communicate with counsel and participate effectively in a defence. A credible ruling must protect Duterte’s fair-trial rights while avoiding unnecessary delay in a case of exceptional importance to victims.
Three crimes-against-humanity charges
The ICC confirmed three counts of crimes against humanity against Duterte in April and committed him to trial. The charges concern alleged murder and attempted murder during what prosecutors describe as a widespread and systematic attack on civilians connected to the Philippines’ “war on drugs”.
The alleged conduct covers the period from November 2011 to March 2019, including Duterte’s years as mayor of Davao City and as Philippine president. He denies the charges and is presumed innocent unless prosecutors prove their case beyond reasonable doubt.
The Philippines formally left the Rome Statute, the ICC’s founding treaty, in March 2019. The court maintains that withdrawal did not remove its jurisdiction over alleged crimes committed while the country was a member. Duterte’s lawyers have challenged the court’s authority, but the proceedings have continued.
The European Times previously covered Duterte’s transfer into ICC custody and the UN human rights chief’s call for victims and witnesses to be protected against retaliation.
Detention and witness protection
Prosecutors have asked the trial chamber to keep Duterte in detention, arguing that the confirmed trial date and the possible consequences of conviction increase the risk that he could abscond. They also contend that release could create opportunities for interference with witnesses.
Duterte’s defence has indicated that it may seek another detention review if the judges find him unfit for trial. Lawyers representing victims, meanwhile, argue that continued detention remains necessary to secure his presence and protect people involved in the proceedings.
The victims’ position cannot determine the court’s decision, but their participation is an established part of the ICC system. Their lawyers have said victims expect to see Duterte in the courtroom. Independent Philippine reporting by VERA Files has detailed the competing submissions on health, detention and the risk of interference.
Wednesday’s hearing therefore carries significance beyond the sight of a former president in court. Judges must demonstrate that accountability for alleged mass abuses can proceed without weakening the rights of the accused. They must also ensure that victims and witnesses are not pushed to the margins of a case built around their experiences.
As the hearing had not begun at the time of publication, Duterte’s attendance and any decisions announced by the chamber remained to be confirmed.
