THE camp of former President Rodrigo R. Duterte will appeal the International Criminal Court’s (ICC) ruling declaring the former leader fit to participate in pre-trial proceedings, his lead legal counsel said citing concerns over due process.
In a statement issued on Monday, British-Israeli lawyer Nicholas Kaufman, Mr. Duterte’s lead counsel before the ICC, expressed disappointment over the Court’s handling of medical evidence related to his client’s condition.
“The defense is disappointed that, contrary to accepted practice, it was denied the opportunity to present its own medical evidence and to question, in court, the contradictory findings of professionals selected by the judges,” Mr. Kaufman said.
In a 13-page application dated August 18, 2025, Mr. Kaufman asked for an indefinite adjournment, arguing that Mr. Duterte’s deficiencies in memory, executive functioning, and reasoning rendered him “not fit to stand trial.” The defense submitted additional medical evidence on Jan. 12, 2026, highlighting his “impaired executive functioning” and inability to plan daily activities. Despite these submissions, the ICC issued a 25-page ruling on Monday, officially rejecting the request.
Pre-Trial Chamber I ruled that Mr. Duterte is able to effectively exercise his procedural rights following an assessment by a panel of independent medical experts, and set the confirmation of charges hearing for Feb. 23, 2026.
Mr. Kaufman added that the defense would challenge the decision. “The defense will seek leave to appeal this decision and argue that Mr. Duterte was denied due process,” he said.
Mr. Duterte faces allegations of crimes against humanity, including murder and attempted murder, in connection with the Philippines’ anti-drug campaign during his presidency.
The confirmation of charges hearing will determine whether sufficient evidence exists to establish substantial grounds to believe the accused committed the crimes alleged. If charges are confirmed, the case will proceed to trial, according to the ICC. — Erika Mae P. Sinaking
