MANILA, Phiippines — Hours after the International Criminal Court ruled that former president Rodrigo Duterte was fit to stand trial, his lead counsel announced plans to appeal the decision, accusing the court of denying the defense a fair chance to challenge medical evidence.
In a statement, Nicholas Kaufman expressed "disappointment" with the court's procedure.
"The Defense is disappointed that, contrary to accepted practice, it was denied the opportunity to present its own medical evidence and to question, in court, the contradictory findings of professionals selected by the judges," Kaufman said.
He confirmed the defense team's next step: to seek leave to appeal the decision and argue that Duterte was denied due process.
The statement directly challenges the ICC Pre-Trial Chamber's decision earlier on Monday, which found the 80-year-old Duterte mentally capable of participating in proceedings and set a confirmation of charges hearing for February 23, 2026.
The Chamber based its ruling on the unanimous conclusion of a panel of three court-appointed medical experts, who evaluated Duterte last year.
In its decision, the Chamber specifically rejected the defense's request for an evidentiary hearing to cross-examine those experts, calling it unnecessary.
Kaufman's assertion of "contradictory findings" references the defense's earlier arguments that the experts disagreed on certain diagnoses, which they claimed undermined the overall conclusion on fitness.
The Chamber, however, ruled those differences were not material to the legal question of Duterte's ability to understand the trial and instruct counsel.
The appeal process will now introduce a new phase of legal argument, potentially delaying the scheduled hearing. The ICC must first grant "leave," or permission, for the appeal to proceed.