Former President Rodrigo Duterte’s lead defense counsel, Peter Haynes, told the International Criminal Court (ICC) that the former leader’s condition “continues to deteriorate” and must be reassessed before trial proceedings begin.

In their most recent filing, Duterte’s lawyers asked the ICC to delay setting a trial date, arguing that his worsening health and neurological decline could prevent him from meaningfully participating in the proceedings.

The defense requested a new independent medical evaluation before any trial schedule is finalized.

Duterte’s lawyers claimed he suffers from a “progressive neurological condition” affecting his memory, reasoning and concentration, and urged the court to continuously monitor his condition throughout the case.

The legal team also argued that even if Duterte is eventually declared fit to stand trial, it would still need significant time to prepare. The filing noted that previous ICC cases took between 14 and 19 months from confirmation of charges to the start of trial.

ICC prosecutors are seeking to begin proceedings on 30 November 2026, saying pre-trial preparations could be completed by the end of September. Lawyers representing alleged drug war victims have pushed for an earlier September 2026 trial schedule.

Charges confirmed

The ICC confirmed charges against Duterte on 23 April after an independent medical assessment found the 81-year-old fit to participate in proceedings.

He faces three counts of murder and attempted murder as crimes against humanity linked to killings during his anti-drug campaign as Davao City mayor and later as Philippine president.

Public statements from Duterte’s family, however, appeared to contrast with the defense’s claims.

On 5 May, Vice President Sara Duterte said her father was “well” following a visit to him in The Hague.

“He looks well. He looks healthy. He doesn’t have any problem,” she told members of the Filipino community there.

She said she had encouraged him to undergo physiotherapy, but he reportedly refused.

Kabuga parallel

The debate over Duterte’s health has drawn comparisons to the case of Félicien Kabuga, the alleged financier of the 1994 Rwanda genocide, who died earlier this month while in detention in The Hague.

Kabuga was declared unfit to stand trial in 2023 after judges found he was suffering from dementia. Proceedings were modified to continue hearing evidence without the possibility of conviction, but he remained in detention until his death at age 91.

The question now confronting the ICC is whether it can proceed against an aging former leader whose fitness to stand trial may become central to the case as proceedings move forward.