Duterte Files Appeal Against ICC Pre-trial Judges Decision On His Fitness To Stand Trial

THE HAGUE, Netherlands—The defence lawyer for former Philippine president Rodrigo Duterte has filed an appeal against the International Criminal Court (ICC) judges’ decision that concluded the fitness of Duterte to stand trial and set the confirmation of charges from February 23, 2026.

In a filing dated January 28, 2026, Duterte lawyer Nicholas Kaufman argued that the ICC Pre-Trial Chamber failed to consider the joint medical report offered by the defence experts. It added that the report, prepared specifically for the purposes of the detention review, constitutes a new fact and provides direct evidence of Duterte’s deteriorating health and impaired cognitive functioning.

In filing the appeal, Kaufman is seeking for the reversal of the decision of the Pre-Trial Chamber, dated January 26, 2026. He also requests for the “immediate interim release” of his client. Defence request for indefinite adjournment On March 14 2025, Duterte made his first appearance before the Chamber 2 which decided that the hearing on the confirmation of charges would commence on 23 September 2025.

However, on August 18, 2025, the defence submitted a Request for an Indefinite Adjournment, seeking an order from the Chamber to suspend all ongoing legal proceedings, including the hearing on the confirmation of charges. The request was based on the defence’s assertion that Duterte is presently unfit to stand trial due to cognitive impairments affecting multiple domains of functioning.

On September 8, 2025, the Chamber—by majority, with Judge María del Socorro Flores Liera dissenting—postponed the confirmation of charges. The postponement was limited to the period necessary to determine the former Philippine president’s fitness to participate in the pre‑trial proceedings and to resolve the defence’s adjournment request. On the same date, the Chamber, again by majority, issued an order directing that Duterte undergo further medical evaluation by qualified experts. The Chamber instructed the ICC Registry to provide a shortlist of specialists capable of assessing his ability to follow and participate in the proceedings, as well as identifying any special measures or adjustments required during the pre‑trial phase.

Appointment and mandate of the expert panel In the January 26, 2026 decision of the pre-trial judges, they argued that they appointed a multidisciplinary panel of three senior experts with extensive experience in forensic psychiatry, neuropsychology, and geriatric and behavioural neurology. All members of the panel had prior experience preparing medical reports for judicial proceedings. This composition ensured a balanced team with complementary expertise relevant to assessing Duterte’s medical condition within a legal context.

The Chamber also issued detailed instructions outlining the scope of the medical examination to be conducted. Guided by the applicable legal principles, the Chamber directed the Panel to address specific factual questions requiring medical evaluation. These findings were necessary for the Chamber to determine whether Duterte was fit to participate in the pre‑trial proceedings. Based on the medical experts' full report, the judges concluded that Duterte “is able effectively to exercise his procedural rights and is therefore fit to take part in the pre-trial proceedings” and rejected the defense's request to halt the proceedings against Duterte.