MANILA, Philippines — A lawyer representing victims in the crimes against humanity case against former president Rodrigo Duterte before the International Criminal Court (ICC) clarified that the proceedings would not be automatically delayed due to a new medical examination to determine Duterte’s fitness to stand trial.
Gilbert Andres said such assessments were a standard part of ICC proceedings and intended to uphold an accused person’s right to a fair trial.
He said that the court routinely evaluates whether an accused understands the charges and legal proceedings, was aware of his or her rights, and capable of giving instructions to legal counsel.
“This is part of fair trial rights, or the right of the accused to a fair proceeding,” Andres said in an interview on Tuesday, stressing that the process was designed to protect both the rights of the accused and the interests of victims.
Andres also noted that under ICC procedures, determinations on an accused’s fitness to stand trial were subject to periodic review.
“Actually, if we look at the rules of procedure itself under Rule 135, the determination can really be done regularly. There is a review every 120 days. Just like in detention, there is also a review every 120 days. The same applies to fitness to stand trial. So that is already provided in the ICC Rules of Procedure itself,” he said.
He emphasized that these periodic reviews were built into the ICC’s procedural framework to ensure that proceedings remain fair, transparent, and consistent with due process standards.
