In brief
Judges at the International Criminal Court have determined that Rodrigo Duterte is capable of participating in pre-trial proceedings regarding charges of crimes against humanity. The ICC is set to decide in a hearing on February 23 whether the case against him can proceed. Duterte's defense had previously claimed that he was unfit due to cognitive impairments. This ruling has significant implications for victims of his administration’s violent anti-drug campaign, which resulted in thousands of extrajudicial killings.
Judges at the International Criminal Court (ICC) have ruled that former Philippine president Rodrigo Duterte is fit to attend pre-trial proceedings for alleged crimes against humanity.
The ICC also will hold a hearing on 23 February to decide whether the prosecution's case against Duterte is strong enough to proceed to a trial.
Duterte's lawyers earlier argued that the 80-year-old was unfit to participate in the ICC proceedings citing 'cognitive impairment'. He has been detained at the Hague since March 2025.
He is accused of being responsible for dozens of murders under his so-called war on drugs, during which thousands of small-time drug dealers, users, and others were killed without trial.
Duterte was president of the Philippines from 2016 to 2022. He justified his war on drugs by saying peace and order would pave the way for economic development.
Citing opinions from a panel of medical experts, ICC judges said they were 'satisfied' that Duterte is 'able effectively to exercise his procedural rights and is therefore fit to take part in the pre-trial proceedings'.
ICC judges also stated that the mental capacities needed to 'meaningfully exercise one's procedural and fair trial rights' did not have to be 'at their notionally highest level'.
'This ruling tells victims that in the reckoning of Duterte at the ICC, their voices will not be sidelined by technical evasions,' said Congresswoman Leila de Lima, one of Duterte's fiercest critics who was jailed during his presidency on drug charges that were later found to be false.
Duterte was arrested at Manila airport in March 2025 as his family's alliance with his successor, President Ferdinand 'Bongbong' Marcos Jr, crumbled.
His arrest has divided Filipinos. While his deadly drugs crackdown has drawn sharp criticism from civil society, his populist message resonates with those who feel sidelined by Manila's political elite.
In May last year, Duterte was elected mayor of Davao city despite being in prison. His daughter, Vice-President Sara Duterte, is also widely expected to run for president in the 2028 elections, where Marcos is ineligible to seek a second term.
