Judges at the International Criminal Court (ICC) have ruled that former Philippine president Rodrigo Duterte is medically fit to participate in pre-trial proceedings, rejecting claims by his defence that he is unable to stand trial due to cognitive decline. Duterte, aged 80, is currently being held in The Hague in connection with alleged crimes committed during his controversial war on drugs.
ICC Ruling and Medical Assessment
In a statement issued on Monday, ICC judges said independent medical experts had concluded that Duterte is capable of understanding the proceedings and meaningfully participating in his defence. The judges clarified that under international law, a defendant does not need to function at their highest cognitive level to be deemed fit for trial, but only needs a broad understanding of the legal process and the ability to exercise procedural rights effectively.
Pre-Trial Proceedings and Next Steps
The judges confirmed that a confirmation of charges hearing will take place on February 23. During this stage, ICC judges will determine whether there is sufficient evidence for the case to proceed to trial. Prosecutors are seeking to charge Duterte with three counts of murder as crimes against humanity, involving more than 75 victims, though the wider investigation covers a much larger number of alleged killings.
Defence Response and Due Process Concerns
Duterte’s legal team expressed disappointment with the ruling, arguing that the defence was not given the opportunity to present its own medical evidence or challenge the findings of the independent experts in court. His counsel, Nicholas Kaufman, stated that the defence intends to seek permission to appeal the decision, claiming that Duterte was denied due process.
Allegations Against Duterte
According to ICC prosecutors, Duterte is accused of creating, funding, and arming death squads as part of his anti-drug campaign, which targeted alleged drug dealers and users. While Philippine police report that 6,200 suspects were killed during official operations, human rights activists estimate that the true number of deaths could be as high as 30,000. Prosecutors argue that these killings were systematic and widespread, qualifying them as crimes against humanity.
Duterte’s Position
Duterte has consistently denied wrongdoing, maintaining that he only instructed police to kill in cases of self-defence. He has repeatedly defended his anti-drug campaign and has told supporters that he is prepared to face imprisonment if it meant eliminating illegal drugs from the Philippines.
Analysis
The ICC’s ruling underscores the court’s high threshold for declaring a defendant unfit to stand trial, reinforcing its commitment to accountability even for elderly or politically powerful figures. By emphasising that a basic understanding of proceedings is sufficient, the judges reaffirm the principle that age or declining health alone does not exempt individuals from international criminal responsibility.
Politically, the case represents a significant test of international justice, particularly in holding former heads of state accountable for alleged crimes committed under the guise of domestic security policies. The decision also highlights ongoing tensions between due process rights and the ICC’s mandate to pursue accountability for mass human rights violations. Whether the case proceeds to trial will depend on the confirmation of charges hearing, but the ruling already marks a critical step in the court’s effort to challenge impunity at the highest levels of power.
With information from Reuters.
