ICC judges say Rodrigo Duterte is fit to stand trial as pre-trial proceedings move ahead

Court rejects claim that Duterte cannot participate

Judges at the International Criminal Court (ICC) have ruled that former Philippine President Rodrigo Duterte is fit to stand trial, after defense lawyers argued that the 80-year-old’s health prevented him from meaningfully participating in the case. The decision follows an assessment by independent medical experts, including specialists in geriatric neurology and psychiatry. ([abcnews.go.com](https://abcnews.go.com/International/wireStory/icc-judges-find-former-philippine-president-rodrigo-duterte-129556516))

The ruling clears the path for Duterte to take part in the ICC’s pre-trial phase. Judges said the medical review supported the conclusion that he can effectively exercise his procedural rights—an important threshold in international proceedings where courts must ensure defendants can understand and participate in the process. ([abcnews.go.com](https://abcnews.go.com/International/wireStory/icc-judges-find-former-philippine-president-rodrigo-duterte-129556516))

What the case is about

Duterte faces allegations tied to killings connected to his anti-drug campaign—often described as a “war on drugs”—spanning roles he held as a local leader and later as president. Prosecutors allege crimes against humanity linked to dozens of killings, while broader estimates of the death toll during the crackdown vary sharply depending on the source. ([abcnews.go.com](https://abcnews.go.com/International/wireStory/icc-judges-find-former-philippine-president-rodrigo-duterte-129556516))

According to reporting on the court timeline, proceedings had been delayed previously to allow the ICC to evaluate whether Duterte was able to follow and engage with the case. The new finding ends that pause and sets the stage for upcoming hearings where judges assess whether the prosecution’s evidence is sufficient to proceed. ([abcnews.go.com](https://abcnews.go.com/International/wireStory/icc-judges-find-former-philippine-president-rodrigo-duterte-129556516))

What happens next

With the fitness question resolved, the case advances to the next procedural milestones, including a confirmation-of-charges phase that determines whether the allegations and supporting evidence justify moving to a full trial. Duterte remains in custody in The Hague while his legal team continues to challenge aspects of the proceedings. ([aljazeera.com](https://www.aljazeera.com/news/2026/1/26/icc-judges-find-former-philippine-president-duterte-fit-to-stand-trial))

The decision is also being watched beyond the Philippines, since it reinforces the ICC’s willingness to press ahead even when defendants argue age or health should halt or significantly slow cases. The court’s approach emphasizes functional participation—broad ability to understand and engage—rather than expecting peak cognitive performance. ([aljazeera.com](https://www.aljazeera.com/news/2026/1/26/icc-judges-find-former-philippine-president-duterte-fit-to-stand-trial))