ICC fitness check may shape timeline of Duterte trial tied to anti-drug war

By Mark Joseph M. Sanchez

THE International Criminal Court’s (ICC) order for a fresh medical exam of former President Rodrigo R. Duterte may determine whether trial proceedings set for Nov. 30 will proceed as scheduled, analysts said.

Ederson DT. Tapia, a political science professor at the University of Makati, said the exam would show whether Mr. Duterte could meaningfully participate in the proceedings and exercise his rights as an accused.

“This is a standard safeguard in international criminal proceedings rather than an indication of the case’s merits,” Mr. Tapia said via Facebook Messenger.

The ICC could suspend or defer proceedings if it finds Mr. Duterte unfit to stand trial, he added.

“It does not amount to an acquittal or dismissal of the charges,” he said. “The case remains pending, with the court balancing the rights of the accused with the interests of justice and the victims.”

Dennis C. Coronacion, chairman of the University of Santo Tomas Political Science Department, said a finding of unfitness would not automatically result in Mr. Duterte’s release.

“What it can do is delay his trial for weeks or months depending on the progress of his medical treatment,” he said via Messenger.

The ICC Trial Chamber III ordered the medical exam in a 17-page decision dated June 12, citing the need for an objective evaluation under Rule 135 of the ICC Rules of Procedure and Evidence.

“The chamber finds that it requires an objective assessment of the accused’s health by independent experts for the purposes of making a determination as to his fitness to stand trial,” it said.

The body retained the same three-member multidisciplinary panel that conducted an earlier evaluation during the pre-trial phase. The panel includes specialists in forensic psychiatry, geriatric, and behavioral neurology and neuropsychology.

Previous reports submitted in December 2025 focused on Mr. Duterte’s ability to participate in pre-trial proceedings. Trial Chamber III said it must make a separate finding on whether he is fit for trial proceedings, which involve more sustained and complex participation.

The panel was ordered to determine whether Mr. Duterte could understand the charges, follow courtroom developments, assess evidence and instruct legal counsel. The assessment will also cover whether he can physically and psychologically endure full-time trial sessions.

Experts were also asked to recommend measures that could support Mr. Duterte’s participation, including possible accommodations tied to health considerations.

The panel must submit its report to the ICC Registry by Aug. 18. The registry is required to file the report by Aug. 24, while parties and participants have until Aug. 31 to submit their observations.

The timeline sets up a key pre-trial checkpoint ahead of the Nov. 30 opening date, with the court expected to rule on fitness after reviewing the medical findings and submissions from both sides.

Analysts said the process reflects procedural safeguards embedded in international criminal law, where courts must ensure that accused persons can defend themselves.

Mr. Duterte was surrendered to the ICC in March 2025. Proceedings since then have focused on pre-trial matters, including confirmation of charges and procedural motions.

The ICC has handled similar fitness assessments in past cases, often relying on medical expert panels to determine whether proceedings can continue without undermining the rights of the accused.