The Hague, Netherlands – Judges at the International Criminal Court (ICC) have ruled that former Philippine President Rodrigo Duterte is fit to stand trial, resolving concerns raised about the 80-year-old’s health. The decision follows a postponement of an earlier hearing to assess his ability to participate in proceedings.
Duterte Faces Charges of Crimes Against Humanity
Duterte faces charges of crimes against humanity stemming from alleged involvement in killings during his tenure as mayor of a southern city and later as president. These killings are linked to his administration’s so-called “war on drugs.”
Duterte was arrested in March and a hearing was initially scheduled for September. His legal team argued his health was deteriorating while in detention, prompting the court to assess his fitness to participate.
Following examinations by experts in geriatric neurology and psychiatry – including cognitive, mental, and physical assessments – judges determined Duterte “is able effectively to exercise his procedural rights and is therefore fit to take part in the pre-trial proceedings.” The hearing has been rescheduled for February 23.
Duterte’s lead lawyer, Nick Kaufman, expressed disappointment with the decision, stating the defense was “denied the opportunity to present its own medical evidence and to question, in court, the contradictory findings of professionals selected by the judges.”
Support from Rights Groups
The ICC’s decision was welcomed by rights groups and families of victims. SENTRO and the CATW-AP, two organizations supporting families impacted by Duterte’s crackdown, called the ruling “a resounding victory for justice and accountability,” asserting that “No one, not even a former head of state, is above the law.”
Prosecutors allege Duterte instructed and authorized “violent acts including murder to be committed against alleged criminals, including alleged drug dealers and users.” Estimates of the death toll during Duterte’s presidency range from over 6,000 reported by national police to as many as 30,000, according to human rights groups.
The Philippines initially announced its withdrawal from the ICC in 2018, a move human rights activists characterized as an attempt to evade accountability. However, judges rejected a challenge to the court’s jurisdiction, ruling that countries cannot shield individuals from justice by withdrawing from the Rome Statute once an investigation is underway.
Frequently Asked Questions
What charges is Duterte facing?
Duterte is facing charges of crimes against humanity for his alleged involvement in dozens of killings as part of his so-called war on drugs.
Why was the hearing delayed?
The hearing was delayed to allow the court time to determine whether Duterte was fit to follow and participate in the proceedings, following concerns raised by his lawyers about his health.
What did the ICC judges decide regarding jurisdiction?
Judges rejected a request from Duterte’s legal team to dismiss the case on jurisdictional grounds, stating that countries cannot “abuse” their right to withdraw from the Rome Statute to avoid accountability for crimes already under consideration.
As the case moves forward, it remains to be seen how Duterte’s defense will proceed, and whether the court will ultimately find him responsible for the alleged crimes. The February 23 hearing will be a crucial next step in the process.
