The International Criminal Court (ICC) has declared former president Rodrigo Duterte fit to face pre-trial proceedings in a crimes against humanity case over his administration’s anti-drug campaign, as ICC assistant to counsel Kristina Conti said the prosecution already has “enough” evidence to move the case forward.

In a decision issued from The Hague on January 26, ICC Pre-Trial Chamber I said Duterte is capable of meaningfully exercising his procedural rights, including understanding the charges against him and instructing legal counsel. “Having regard to the relevant legal principles, and to the medical assessment of the independent experts in light of all of the factors set out above, the Chamber is satisfied, in law, that Duterte is able effectively to exercise his procedural rights and is therefore fit to take part in the pre-trial proceedings which are thereby resumed,” the judges said.

The Chamber found that the former president retains the functional mental capacities required to follow proceedings, assess evidence, and engage with his defense team, stressing that these capacities “are not required to be present at their notionally highest level or at the highest level that a particular suspect has ever enjoyed.”

Independent Medical Assessment

The ruling follows months of litigation over Duterte’s health, during which the court ordered an independent medical evaluation conducted by a “multidisciplinary panel of three experts possessing senior and extensive expertise in forensic psychiatry, neuropsychology and geriatric and behavioral neurology.”

The judges said they took specific steps to safeguard the impartiality and neutrality of the experts who assessed Duterte’s condition.

Next Steps

The ICC said it will issue, in due course, an order setting the timetable and directions for the confirmation of charges hearing, including any measures recommended in the medical reports to facilitate Duterte’s participation.

“The purpose of such hearing is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged,” the court said. “If one or more of the charges are confirmed, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial.”

The ruling clears the way for pre-trial proceedings scheduled for February 23, 2026. These proceedings will address procedural matters, including the presentation and organization of evidence, but will not yet involve the full trial on the merits of the case.

The ICC has said its investigation concerns alleged crimes against humanity linked to thousands of deaths during the “war on drugs” launched during Duterte’s presidency. It has also indicated that broadcasts of proceedings will be subject to time delays to protect witnesses and preserve the integrity of ongoing investigations.

Atty. Conti: Evidence Sufficient to Support Case

ICC assistant to counsel Atty. Kristina Conti said the court already has “enough” evidence to support the crimes against humanity case against Duterte.

Speaking to DZMM TeleRadyo’s Spot Report, Conti said the prosecution and defense have exchanged thousands of pieces of evidence. “Yung 5,051 items of evidence… items ha, hindi pages. Magkakagulatan na lang kung ilang boxes of pages ito. ‘Yun na ang napagpalitan na ebidensya sa pagitan ng prosecution at defense. I would say that is sufficient to point to Duterte’s acts,” she said.

Conti added that the evidence includes public statements made by Duterte during his presidency. “Mayroon tayong mga video mismo ni Duterte na sinasabi niya ’yung ‘kill, kill, kill’ order… ’yun ay magiging bahagi ng ebidensya dito pa lang sa simula ng trial,” she said.

She clarified, however, that the hearing scheduled for February 23 will be limited to pre-trial matters.

📷 ICC