The Hague, October 9 — Judges of the International Criminal Court (ICC) have ruled that former Philippine President Rodrigo Duterte is medically and legally fit to stand trial on charges related to alleged crimes against humanity committed during his administration’s anti-drug campaign. The decision, announced on April 2, 2025, followed a medical and psychological evaluation conducted by ICC-appointed experts, which concluded that Duterte, aged 79 at the time of the ruling, suffers from no condition that would prevent him from understanding the proceedings or participating in his defense.
The ICC Pre-Trial Chamber I had previously authorized an investigation into the situation in the Philippines in September 2021, focusing on alleged widespread and systematic killings between November 1, 2011, and March 16, 2019, which may constitute crimes against humanity under Article 7 of the Rome Statute. Duterte, who served as president from June 30, 2016, to June 30, 2022, has consistently denied wrongdoing and characterized the ICC’s actions as politically motivated.
The Philippines withdrew its ratification of the Rome Statute effective March 17, 2019, but the ICC retains jurisdiction over alleged crimes committed during the period when the country was a state party, from November 1, 2011, to March 16, 2019. The ruling on fitness to stand trial does not constitute a determination of guilt; trial proceedings have not yet been scheduled, and no date has been set for the commencement of hearings.
The ICC, headquartered in The Hague, Netherlands, was established in 2002 by the Rome Statute to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. As of the ruling, 124 states are parties to the Rome Statute.
The Philippines is not currently a state party but had been from 2011 to 2019. The court’s decision underscores its principle that jurisdictional challenges based on withdrawal do not apply retroactively to alleged crimes committed during membership. No financial penalties, compensation figures, or economic impacts were referenced in the judges’ ruling or related proceedings.
The case remains in the pre-trial phase, with the Office of the Prosecutor continuing to gather evidence and prepare submissions. Duterte has not appeared before the ICC voluntarily and is currently residing in the Philippines. The court has not issued any arrest warrant or requested his surrender as of the date of the fitness ruling.
All proceedings are conducted in accordance with the ICC’s Rules of Procedure and Evidence, last amended in 2023. The official languages of the ICC are English and French.
