The International Criminal Court (ICC) has ordered a second medical assessment of former Philippine president Rodrigo Duterte to determine if he is fit to stand trial [1, 2]. The 81-year-old Duterte faces charges of crimes against humanity related to his deadly anti-drug campaign [1, 2].
Duterte’s legal team requested the additional health evaluation, citing his deteriorating condition and stating that the “condition continues to deteriorate and will need more fully to be reviewed before any trial may commence” [2]. The second evaluation will be conducted by the same ICC medical experts who carried out the initial exam in January 2024, which found Duterte fit to participate in pre-trial proceedings [1]. This follow-up report is due by August 2026 [1].
Duterte has been detained in an ICC facility in The Hague since March 2025, a move approved by the Philippine government under President Ferdinand Marcos Jr. [1]. His daughter, Vice-President Sara Duterte, has strongly criticized the ICC’s actions, calling them a “kidnapping” and intensifying her political clash with Marcos [1].
The ICC Trial Chamber established that the fitness threshold is met if the accused can understand the proceedings, instruct counsel, and communicate reasonably, though not necessarily at full mental capacity. Judge Joanna Korner explained, "The threshold is satisfied when an accused possesses these capacities, viewed overall and in a reasonable manner" [1]. The ICC pre-trial chamber also emphasized that a fair trial must allow the accused to meaningfully exercise procedural rights and that proceedings should be adjourned if ill health prevents this [1].
The trial is currently scheduled to begin on November 30, 2026, pending the outcome of the health report [1]. The ICC decision to order a second assessment reflects concerns over Duterte’s ability to fully engage in the trial process given his age and health status [1, 2].
