The camp of former President Rodrigo Duterte has asked the International Criminal Court (ICC) to allow the same panel of court-appointed medical experts — who earlier concluded that he remains fit to stand trial — to assess whether he still poses a risk of obstructing judicial proceedings despite his allegedly deteriorating health.

In an eight-page filing dated 19 December, Duterte’s lead legal counsel, Nicholas Kaufman, urged the ICC to direct the medical panel to submit a report evaluating whether the 80-year-old former leader can still “actualize” the risk factors under Article 58(1)(b) of the Rome Statute.

Article 58 allows continued detention of an accused if there is a risk of flight, interference with the investigation or witnesses, or the commission of further crimes.

Kaufman has consistently argued that these grounds no longer apply to Duterte, and that his condition warrants interim release pending the confirmation of charges hearing.

“The passage of time has had a deleterious impact on Mr. Duterte’s medical condition, with the panel agreeing that he is old, frail, and suffering from ‘unexplained weight loss,’” the submission stated.

“In light of the aforementioned, the Pre-Trial Chamber is requested to order the panel to issue a report focusing on whether Mr. Duterte’s current cognitive state would permit him to flee the ongoing judicial proceedings, to intimidate witnesses, or to commit crimes,” it added.

The defense filing followed the submission of a confidential medical assessment by ICC-appointed experts, which found Duterte mentally fit to participate in pre-trial proceedings, contradicting earlier claims by his lawyers that he suffers from serious cognitive impairment

The confirmation of charges hearing — where judges of Pre-Trial Chamber I will decide whether the case will proceed to full trial — was originally set for 23 September but was indefinitely postponed to allow an assessment of Duterte’s fitness.

January ruling?

While the medical report itself has not been made public, both prosecution and defense filings confirmed that the panel found Duterte capable of meaningfully participating in the proceedings. 

Deputy Prosecutor Mame Mandiaye Niang said the former president “possesses the necessary capacities to meaningfully exercise his procedural and fair trial rights.”

Kaufman acknowledged the panel’s findings but maintained that Duterte’s frailty, unexplained weight loss, and need for daily assistance have neutralized any risk that justifies continued detention. 

He asked the ICC to urgently order a focused assessment on whether Duterte can still obstruct justice.

The request echoes an earlier bid for interim release filed on 12 June, citing Duterte’s age, memory loss, and alleged inability to assist in his own defense. That petition was rejected by the Pre-Trial Chamber, a ruling later upheld by the ICC Appeals Chamber.

Meanwhile, ICC assistant counsel Atty. Kristina Conti said the tribunal could rule on Duterte’s fitness as early as January 2026, noting that the ICC would not have issued a warrant of arrest if the case were not trial-ready.

“The prosecution would not apply for a warrant of arrest if the case is not trial-ready,” she said.

Duterte has been detained in The Hague since March on charges of crimes against humanity linked to his anti-drug campaign. His case remains at the pre-trial stage as the court weighs the latest defense request.

Duterte was surrendered by the Marcos administration to the ICC in March 2025 after a long-running investigation into killings linked to his anti-drug campaign as Davao City mayor and later as president. 

His arrest has effectively removed one of the country’s most powerful political figures from the domestic arena, while also complicating the national ambitions of his daughter, Vice President Sara Duterte, widely viewed as a potential contender in the 2028 presidential race.