MANILA, Philippines — Former president Rodrigo Duterte’s new defense team told the International Criminal Court (ICC) that he may be unfit to stand trial due to a progressive neurological condition, arguing that proceedings cannot commence until his mental fitness is reassessed for the trial phase.
In a 14-page filing made public over the weekend, the team led by Peter Haynes urged Trial Chamber III to revisit the question of fitness under Rule 135, warning that the former leader’s cognitive impairments which include deficits in memory, executive function, visuospatial skills, and complex reasoning could seriously prejudice his ability to participate meaningfully in a lengthy trial.
“Trial proceedings differ fundamentally from pre-trial proceedings in their duration, complexity, and evidentiary scope,” the defense said. “Any significant impairment affecting memory, concentration, or reasoning would seriously prejudice the preparation and presentation of the Defense.”
The Pre-Trial Chamber I confirmed charges against Duterte on April 23, 2026. The case relates to the Philippines’ “war on drugs” during his presidency. Trial Chamber III has scheduled a first status conference for May 27, 2026.
Duterte’s legal team said a defense expert neurologist had diagnosed the 81-year-old former president with an illness consistent with a progressive condition that is unlikely to improve even with treatment. A court-appointed neurologist did not dispute the progressive nature of the illness, according to the filing.
