IN the first major filing by his newly constituted legal team under British King’s Counsel (KC) Peter Haynes, lawyers for former president Rodrigo Duterte have informed the International Criminal Court (ICC) that he may be unfit to stand trial due to a progressive neurological condition, arguing that no trial date can be set until his mental fitness is reassessed for the trial phase.
The 14-page submission, made public over the weekend, was filed in advance of a scheduled first status conference on May 27, 2026, before Trial Chamber III.
It represents the defense’s opening salvo since the chamber was constituted following Pre-Trial Chamber I’s confirmation of charges against Duterte on April 23, 2026. The case stems from the Philippines’ “war on drugs” during his presidency, which prosecutors allege amounted to crimes against humanity.
The defense team said a defense expert neurologist diagnosed Duterte, 81, with an illness — the specific diagnosis redacted in the public version — consistent with a progressive condition affecting memory, executive function, visuospatial skills, and complex reasoning. A court-appointed neurologist, according to the filing, did not dispute the progressive nature of the illness or the conclusion that it is unlikely to improve even with medical or psychiatric treatment.
While the Pre-Trial Chamber assessed Duterte’s fitness only for the confirmation of charges phase, the defense now argues that trial proceedings are fundamentally different in “duration, complexity, and evidentiary scope.” A trial, the lawyers wrote, requires an accused to “follow extensive oral and documentary evidence over a prolonged period, maintain sustained communication with his defense team, provide instructions, and engage continuously with the evolving evidentiary record.” “Any significant impairment affecting memory, concentration, or reasoning would seriously prejudice the preparation and presentation of the defense and undermine Mr Duterte’s ability to participate meaningfully in the proceedings,” the filing states.
The defense intends to request that Duterte be examined by independent experts for the trial phase and that those experts be called to give live testimony before the court. It also asked the Trial Chamber to establish a mechanism for periodic review of fitness throughout the trial.
If Duterte is ultimately found fit, his lawyers requested that the chamber consider whether his continuous physical presence in court should be required, citing his advanced age and medical condition. They warned that requiring in-person attendance would likely necessitate “significant health-related accommodations” that could affect the expeditious conduct of proceedings.
