Jens Asbjørn Bøgen
The 81-year-old’s defense tried to get the case dismissed due to cognitive decline.
Few former heads of state have ever faced a courtroom in The Hague on charges tied to thousands of killings.
Rodrigo Duterte, who ran the Philippines from 2016 to 2022 and built his political brand on a bloody anti-drug campaign, is about to become one of them.
The former president, now 81, has spent months arguing from his detention cell that his mind is too far gone to follow a trial. Judges at the International Criminal Court have now decided otherwise.
Trial Chamber III ruled Duterte fit to stand trial on three counts of crimes against humanity, the court announced on October 8, publishing a decision dated September 28. The opening of the trial is set for November 30, 2026.
The chamber was “satisfied that the accused is able to effectively exercise his fair trial rights in the proceedings,” the ICC said, adding that it had adopted measures to accommodate his participation in court.
The defense: Memory loss and cognitive decline
Duterte’s lawyers had pressed for the case to be shelved on medical grounds, arguing that their client suffered “significant memory impairment and cognitive deficits” that stopped him from reliably retaining recent information or accessing earlier memories.
They asked for further neurological testing and the chance to cross-examine the court-appointed medical experts, according to the Manila Times.
Judges turned both requests down. An independent three-member expert panel found unanimously that Duterte has the capacity to “understand the charges, understand the purpose and consequences of the proceedings, follow the course of the proceedings,” and to “understand the evidence, and instruct counsel in the preparation and conduct of his defence.”
The experts noted physical and mental slowing consistent with his age and frailty, but concluded that this did not prevent him from taking part in his trial. The chamber stressed that fitness turns on whether a defendant can effectively exercise fair-trial rights, not on the mere presence of medical conditions.
A trial with a hard date
The November 30 opening gives the case a concrete start after years of procedural wrangling. Duterte was arrested in Manila and transferred to ICC custody in March 2025, and the charges against him were confirmed on April 23, 2026.
Prosecutors allege he is responsible for at least 76 murders committed between 2013, when he was still mayor of Davao City, and 2018, when he was president.
The ICC’s jurisdiction covers the period from November 2011 until March 2019, when the Philippines withdrew from the Rome Statute. If convicted, he faces a maximum sentence of life imprisonment.
Philippine police have put the official death toll of the drug war at more than 6,000. Human rights groups say the true figure runs into the tens of thousands, with estimates reaching as high as 30,000 when killings by unidentified gunmen are included.
Health monitoring at the detention center
The ICC Registry has been instructed to keep Duterte’s health under continuous watch through the medical officer at the court’s detention center, with any significant change to be reported to the chamber immediately.
Sitting hours during the trial will be assessed case by case, taking into account the condition of both the accused and witnesses, many of whom are expected to testify remotely from the Philippines.
Approved accommodations include hourly breaks during hearings, access to nursing staff, and the option for Duterte to follow proceedings by video link from the detention center.
Duterte made his first in-person courtroom appearance at The Hague on September 16, when he was brought before the chamber for a status hearing to verify his health condition. His initial appearance in the case had taken place by video link on March 14, 2025.
