Former President Rody Duterte’s defense has raised serious concerns over his ability to participate in proceedings before the International Criminal Court – ICC, telling judges that significant memory problems are preventing the 81-year-old from retaining recent information, recalling memories reliably and properly assisting his lawyers.
In a September 14 filing, lead counsel Peter Haynes said Duterte “suffers from significant memory impairment that prevents him from retaining recent information and reliably accessing memories.” Duterte’s lawyers are challenging the conclusions drawn from examinations conducted by court-appointed medical experts and are seeking greater medical certainty before judges determine whether he is fit for trial.
Haynes said Duterte’s condition affects his ability to process the charges, review the extensive evidence in the case and communicate effectively with his legal team.
“This makes it impossible to engage with the case ‘let alone give proper instructions to his Lead Counsel, whose name he only sometimes remembers,’” Haynes said in the defense submission.
The defense has also questioned whether the medical examinations conducted so far are sufficient to settle the issue. The experts’ complete reports remain confidential, while Duterte’s lawyers have asked the ICC to allow the parties to question the experts about their findings and conclusions.
ICC prosecutors have taken the opposite position. In their submission, they maintained that Duterte remains “capable of meaningfully exercising his procedural and fair trial rights, and that he is fit for trial.”
The disagreement now goes directly to Duterte’s ability to defend himself. ICC judges must determine whether his medical condition allows him to understand the proceedings and participate meaningfully before the case can continue toward trial. Reuters reported that the trial is scheduled to begin on November 30, with the court now considering the defense’s claim that Duterte is cognitively impaired and unfit to stand trial.
Duterte faces a crime against humanity case involving killings connected to the anti-drug campaign. The ICC arrest warrant found reasonable grounds to believe he was individually responsible as an indirect co-perpetrator for the crime against humanity of murder committed between November 2011 and March 2019. That finding is not a conviction, and the criminal case remains pending.
Duterte has been in ICC custody since March 2025. Philippine authorities arrested him at NAIA on March 11 pursuant to an ICC warrant issued on March 7. He was surrendered to the court on March 12 and made his initial appearance by video link on March 14.
