ICC appoints new expert to examine Duterte's fitness to stand trial

The International Criminal Court (ICC) has appointed a new medical expert to examine the health state of former president Rodrigo Duterte ahead of his pre-trial, which has been indefinitely put on hold due to concerns about his alleged deteriorating condition. 

The expert will join the panel of doctors who will determine whether the 80-year-old Duterte is still fit to stand trial for three counts of murder for crimes against humanity linked to his bloody drug war. 

The appointment came after the ICC removed one of three neuropsychologists following a petition from Duterte’s lawyers that the unidentified specialist is “objectively incompatible with the independence, professionalism and impartiality necessary to perform duties before the court.” 

The panel of doctors is tasked to provide their report on Duterte's fitness by 5 December.

"Noting inter alia (among other things) the availability of the experts composing the panel, the time limit for the registry to file the joint or individual reports of the panel, originally set out at paragraph 23 of the appointment decision and subsequently extended to 5 December 2025 pursuant to the 17 October 2025 Decision, remains unchanged,” the redacted document dated 14 November reads.

Duterte’s camp has sought to indefinitely pause all legal proceedings, including the confirmation of charges hearing, originally scheduled for 23 September, citing the former president’s advanced age and frail health condition. 

Duterte is allegedly suffering from impaired memory, making him unable to contribute to his own defense and rendering his participation in the proceedings totally ineffective. 

The ICC Pre-Trial Chamber I granted the petition, but emphasized that the “postponement will be limited to the time strictly necessary to determine whether Mr. Duterte is fit to follow and participate in the pre-trial proceedings,” and all other hearings. 

However, lawyer Paolina Massidda, representing the drug war victims as principal counsel, strongly objected to the petition, arguing that the diagnosis does not suffice as justification for Duterte’s temporary release, unless it’s a “life-threatening medical condition.” 

The prosecution, in the same vein, contended that the defense’s claims of Duterte’s health issues, particularly memory loss, do not suffice to establish that he is unfit to go on a trial.

A previous ruling by the ICC stated that Duterte remained a flight risk and posed a threat to potential witnesses, which warrants his continued detention at the ICC facility in The Hague. 

Earlier, the ICC Pre-Trial Chamber I rejected the defense’s plea for humanitarian considerations, stating that “the court has put in place measures to ensure that Mr. Duterte’s right to family life is guaranteed.”