ICC judges find former Philippine president Rodrigo Duterte fit to stand trial

International Criminal Court Rules Duterte Fit to Stand Trial for Crimes Against Humanity

The International Criminal Court (ICC) ruled Monday that former Philippine President Rodrigo Duterte is fit to stand trial, rejecting concerns about the 80-year-old’s health and setting the stage for a landmark case against the controversial leader.

Judges determined Duterte “is able effectively to exercise his procedural rights and is therefore fit to take part in the pre-trial proceedings,” following a comprehensive assessment by medical experts specializing in geriatric neurology and psychiatry. The court rescheduled his hearing for February 23, after previously postponing a September appearance to evaluate his capacity to participate meaningfully in the proceedings.

Duterte faces charges of crimes against humanity stemming from his notorious “war on drugs” campaign, which he implemented first as mayor of Davao City and later expanded nationwide during his presidency from 2016 to 2022. ICC prosecutors allege he “instructed and authorized violent acts including murder to be committed against alleged criminals, including alleged drug dealers and users.”

The ruling represents a significant breakthrough in international efforts to hold Duterte accountable for the bloody anti-narcotics campaign that defined his presidency. Human rights organizations estimate the death toll ranges from the officially reported 6,000 to as high as 30,000 victims during his presidential term alone.

Duterte’s lead attorney, Nick Kaufman, expressed disappointment with the court’s decision and plans to appeal, claiming the defense was “denied the opportunity to present its own medical evidence and to question, in court, the contradictory findings of professionals selected by the judges.”

The former president was arrested in March, a development that human rights advocates and victims’ families celebrated as a crucial step toward justice. Two organizations supporting families of those killed in Duterte’s crackdown—SENTRO and CATW-AP—issued a joint statement calling the ICC’s ruling “a resounding victory for justice and accountability,” adding that it “reaffirms a simple but powerful truth: No one, not even a former head of state, is above the law.”

The case has progressed despite Duterte’s apparent attempts to shield himself from prosecution. In 2018, shortly after ICC prosecutors announced their preliminary investigation into the drug war, Duterte withdrew the Philippines from the court’s jurisdiction. However, judges rejected the defense team’s argument that this withdrawal invalidated the court’s authority, ruling that countries cannot “abuse” their right to withdraw from the Rome Statute “by shielding persons from justice in relation to alleged crimes that are already under consideration.”

The ICC’s involvement stems from concerns that the Philippine justice system has failed to properly investigate and prosecute those responsible for extrajudicial killings during the anti-drug campaign. Human rights organizations have documented numerous instances of police executing suspects without due process, often in poor urban neighborhoods, under the guise of self-defense.

The case holds significant implications beyond the Philippines, representing one of the ICC’s most high-profile prosecutions of a former head of state and sending a message about accountability for human rights violations committed under the banner of law enforcement. Duterte’s prosecution could establish important precedent regarding international jurisdiction over state-sanctioned violence implemented as domestic policy.

As the February hearing approaches, the international community will be watching closely. The outcome could influence how other nations conduct security operations and anti-crime campaigns, particularly in regions where extrajudicial approaches to law enforcement have gained popularity among populist leaders promising quick solutions to complex social problems.

For the thousands of Filipino families who lost loved ones during Duterte’s campaign, the progression of this case offers a rare opportunity for justice in a system where local accountability has been elusive.