With his prior appearance before the court being during the pre-trial hearing, where the status of his case was tackled.
On October 8 (Thursday), Trial Chamber III of the International Criminal Court (ICC) disclosed its decision in a document dated September 30, 2026, which it decided that former President Rodrigo Duterte is fit to stand trial.
In that decision, the trial chamber also adopted necessary measures to facilitate the political figure’s participation in his trial.
The expert panel unanimously found that the 81-year-old has the capacity to understand the charges, understand the purpose and consequences of the proceedings, and follow the course of the proceedings.
Although, with respect to the scheduling of trial hearings, the chamber noted the expert panel’s recommendations as well as relevant submissions and decided that it will assess sitting hours on a case-by-case basis depending on the individual circumstances of the witnesses and the accused.
In their argument, the prosecution submitted that, “[b]ased on the unanimous findings in the
Experts’ Reports, the Chamber should conclude that Mr. Duterte is capable of meaningfully exercising his procedural and fair trial rights and that he is fit for trial.”
Meanwhile, for the Defense, they claimed that the examinations shows Duterte suffering from
“significant memory impairment that prevents him from retaining recent information
and reliably accessing memories.”
“In light of the importance of these
conclusions, […] the Trial Chamber should seek greater medical certainty from the experts as to the nature and extent of Mr Duterte’s cognitive impairments, by directing them to complete ancillary examinations for that purpose’, ancillary examinations are deemed unnecessary,” it added.
Trial Chamber III was eventually satisfied that the defendant is able to effectively exercise his fair trial rights in the proceedings.
It also elaborated, “The chamber observes that, as held by other chambers of this Court, the
concept of ‘fitness to stand trial’ must be viewed as an aspect of the broader notion of fair trial which is rooted in the idea that whenever the accused is, for reasons of ill health, unable to meaningfully exercise his or her procedural rights, the trial cannot be fair and criminal proceedings must be adjourned until the obstacles cease to exist.”
Meanwhile, the chamber also instructed the Registry that the Accused’s health be continuously monitored by the Medical Officer of the Court’s Detention Center.
“In the event that the Medical Officer identifies any changes in the Accused’s medical condition, such information should be transmitted to the Chamber immediately by the Registry pursuant to the appropriate procedures,” ut further shared.
As regards to the schedule and directions for the opening of the trial, these will be issued by the judges in due course.
In addition, it practical information such as how to attend or watch the proceedings, will be provided closer to the date of the trial.
According to the previously-released schedule by the court, the opening of the trial has been set for November 30, 2026.
