Duterte Defense Seeks To Halt ICC Proceedings Citing “Severe Cognitive Impairment”

THE HAGUE, Netherlands—The defense team for former Philippine president Rodrigo Duterte has asked the International Criminal Court (ICC) Pre-Trial Chamber to indefinitely adjourn legal proceedings, arguing that Duterte is “not fit to stand trial as a result of cognitive impairment in multiple domains.”

According to the defense, Duterte’s condition is irreversible and “will not improve,” rendering the continuation of legal proceedings incompatible with the fair trial guarantees enshrined in the Rome Statute.

In a 13-page motion titled “Defence Request for an Indefinite Adjournment,” dated 11 September 2025 and signed by lead counsel Nicholas Kaufman, the defense cited extensive medical and neuropsychological evaluations conducted by both defense- and ICC-appointed experts. These evaluations, it said, collectively show that Duterte suffers from severe and irreversible cognitive impairment.

The defense informed the Pre-Trial Chamber that it has been regularly updating the court on Duterte’s deteriorating cognitive condition. Medical and psychological evaluations have been shared with the Prosecution and the essential findings with the Office of Public Counsel for Victims (OPCV). According to the filing, all the medical information leads to “the overwhelming conclusion” that Duterte suffers from significant cognitive deficiencies affecting his memory, daily executive functioning, visuoconstructive abilities, and orientation to place and time, while also limiting his capacity for complex reasoning.

The defense cited Articles 64(2) and 67(1) of the Rome Statute, which require that a suspect be able to “understand the purpose, including the consequences of the proceedings” and “instruct counsel in the preparation and conduct of his defence.” The submission also referenced ICC precedents, including the Gbagbo and Ongwen decisions, as well as rulings from other international tribunals, to argue that proceeding with trial under such conditions would constitute a miscarriage of justice.

In conclusion, the defense asked the Chamber to “order that all legal proceedings, including the hearing on the confirmation of charges, be adjourned indefinitely.” Alternatively, if the Prosecution contests the findings, the defense requested that the Chamber convene a status conference to litigate the issue of competency.

Postponement of Confirmation of Charges

On 8 September 2025, Pre-Trial Chamber I, with Judge María del Socorro Flores Liera dissenting, decided to postpone the commencement of the confirmation hearing in Duterte’s case, which had been scheduled to start on 23 September 2025.

Following the defense’s request for an indefinite adjournment, the majority of the Chamber found that a limited postponement was warranted to allow sufficient time to adjudicate the request and related matters.

The purpose of the confirmation of charges hearing is to determine whether there is sufficient evidence to establish substantial grounds to believe the suspect committed each of the crimes charged. If one or more charges are confirmed, the case will be transferred to a Trial Chamber for the next phase of the proceedings.

Lawyers representing victims of the war on drugs and rights groups, including the Duterte Panagutin Network, opposed the postponement and expressed dismay that ill health is being used to delay accountability.

“The recent postponement of the confirmation of charges hearing against Rodrigo Duterte is a grave disservice to justice and to the victims who have waited years for accountability,” the network said in a statement. “Now, facing accountability, Duterte invokes his ‘deteriorating health’ to delay justice,” it added, citing Judge Flores Liera’s dissenting opinion: “Matters of fitness and the assessment of the same are exclusively within the competence of the Trial Chamber… The Pre-Trial Chamber is statutorily mandated only to reach [three] specific conclusions through the confirmation of charges process.”

Duterte’s Arrest

Duterte was arrested in Manila on 11 March 2025 as an alleged indirect co-perpetrator of crimes against humanity (murder) committed in the Philippines between 1 November 2011 and 16 March 2019.

He was flown to the Netherlands on 12 March 2025 and surrendered to the ICC. His initial appearance took place on 14 March 2025 via video link, as authorised by the pre-trial judges.

Cover image: Screen grab from ICC video