Judges at the International Criminal Court have ruled that Rodrigo Duterte, the former Philippine president, is fit to take part in pre-trial proceedings on charges of crimes against humanity. They based the decision, issued on Monday, on opinions from a panel of medical experts.
The judges said they were “satisfied” that Duterte is “able effectively to exercise his procedural rights.” They also made a point about the legal standard: the mental capacity needed to “meaningfully exercise one’s procedural and fair trial rights” does not have to be “at their notionally highest level.”
His lawyers had argued the opposite. They told the court that Duterte, who is 80, was unfit because of “cognitive impairment.” He has been detained in The Hague since March 2025, after his arrest at Manila airport as his family’s alliance with his successor, President Ferdinand “Bongbong” Marcos Jr, fell apart.
The charges and the next step
Duterte, president from 2016 to 2022, is accused of responsibility for dozens of murders during his war on drugs, in which thousands of small-time dealers, users and others were killed without trial. He defended the campaign by saying peace and order would open the way to economic development.
The court will hold a hearing on 23 February to decide whether the prosecution’s case is strong enough to go to trial.
Leila de Lima, a congresswoman and one of Duterte’s fiercest critics, welcomed the ruling. Jailed during his presidency on drug charges later found to be false, she said it “tells victims that in the reckoning of Duterte at the ICC, their voices will not be sidelined by technical evasions.”
The case has divided Filipinos. His crackdown drew sharp criticism from civil society, yet his populist message still resonates with people who feel sidelined by Manila’s political elite. His daughter, Vice-President Sara Duterte, is widely expected to run for president in 2028, when Marcos cannot seek a second term.
