The International Criminal Court (ICC) is expected to release its ruling in January on whether former president Rodrigo Duterte is fit to stand trial, following a panel of medical experts’ unanimous findings that he is capable of participating in the pre-trial proceedings.

Kristina Conti, a lawyer representing victims of Duterte’s drug war, said the ICC Pre-Trial Chamber I (PTC-I) is likely to issue the decision next month, along with a new schedule for the confirmation of charges hearing, which was postponed in September to allow the defense to assess Duterte’s alleged cognitive impairments.

“What’s next is we wait for the judges to decide…All of the experts agree that he is fit to stand trial. One, he understands what is happening, and two, he can comprehend the consequences of what’s happening,” Conti said.

She added that the defense cannot immediately challenge the medical findings and may only appeal once the PTC-I issues its decision.

The report by the ICC-appointed medical experts has not been made public. However, submissions from both the prosecution and defense confirm that the panel found Duterte mentally competent to participate in the proceedings, contrary to his lawyers’ claims.

Duterte’s lead counsel, Nicholas Kaufman, filed for an evidentiary hearing to question the experts’ conclusions, arguing that the panel members’ findings were inconsistent. “Such internal inconsistencies undermine the overall weight of the general joint conclusion on fitness. Before rendering a decision on the matter, the Pre-Trial Chamber must seek further clarification,” Kaufman said in a filing dated 18 December.

ICC Deputy Prosecutor Mame Mandiaye Niang maintained that the expert panel’s findings are reliable and unanimous, asserting that Duterte is feigning cognitive impairments to avoid trial. “Panel members individually reached the same overall conclusion that, while frail and elderly, Mr. Duterte nevertheless possesses the necessary capacities to meaningfully exercise his procedural and fair trial rights,” Niang said.

Paolina Massida, another lawyer for the victims, urged the PTC-I to declare Duterte fit and set a date for the confirmation of charges without further delay, emphasizing the victims’ right to a speedy process. She also opposed a defense request for information on potential prosecution witnesses, citing security concerns for victims.

Duterte has been detained in ICC custody in The Hague, Netherlands, since 11 March. His confirmation of charges hearing, originally set for 23 September, was postponed indefinitely following the defense’s petition claiming he was unfit to stand trial.

He faces three counts of murder for crimes against humanity linked to his anti-drug campaign, which the government reports resulted in more than 6,000 deaths, with rights groups estimating over 30,000 fatalities, primarily from low-income communities.