ICC fitness process mirrors Philippine practice — counsel

Atty. Kristina Conti, assistant to counsel at the International Criminal Court (ICC), said the court’s process in determining whether former president Rodrigo Duterte is fit to stand trial is similar to legal standards used in the Philippines, as the pre-trial chamber waits for expert assessments on his condition.

Conti said ICC experts had assessed that Duterte was in stable condition and could face pre-trial proceedings up to a full trial, noting that the court applies a “hybrid” system that draws best practices from various jurisdictions.

She said the process is familiar, similar to that in the Philippines, which uses comparable bases, explaining that ICC procedures were designed to reflect standards from different legal systems.

The lawyer clarified that issues such as the use of a wheelchair or neck brace are typically raised in relation to requests for interim release, which she said had already been denied.

Conti distinguished this from Duterte’s current position, which she said centers on claims that no hearing should proceed because he is allegedly not mentally fit.

“What is being raised now is different — the claim is that there should be no hearing at all because he is supposedly not okay or not in the proper state of mind,” she said.

After disputes over the choice of medical experts were resolved, the pre-trial chamber was expected to base its decision on evidence and facts, Conti said.

A ruling on whether Duterte is fit to stand trial may come as early as January 2026.

On legal representation, Conti said Duterte could apply for ICC legal aid, which provides free counsel, but only if he could prove indigence.

However, she expressed doubt that such assistance would be granted, citing public indications of family resources and political activity.

She said that if a family member can still run for office, has funding and machinery, and the family can travel frequently, that raises questions. She added that allegations involving large sums of money linked to the drug trade and public works projects could also affect eligibility for legal aid, which is subject to strict caps on fees per hour and per activity.

From the perspective of victims, Conti said the defense appeared reluctant to proceed to trial because of what she described as strong evidence held by prosecutors, including public video statements by Duterte related to the war on drugs.

“The prosecution would not apply for a warrant of arrest if it were not trial-ready,” she said, adding that the evidence was “substantial and solid.”

She also explained key differences between ICC proceedings and Philippine criminal cases. At the ICC, cases are filed as “The Prosecutor v. Rodrigo Duterte,” unlike domestic cases where the complainant is the People of the Philippines or a private party.

Conti said that in the Philippines, if the complainant withdraws or there is a settlement, the case can collapse, but the ICC system is designed to avoid this outcome.

According to Conti, crimes against humanity are treated differently from ordinary crimes because the focus is on patterns, policy, and command responsibility rather than solely on individual victim testimony.