Finally

By Artchil B. Fernandez

Finally, after nearly a year of delay, the trial of former Philippine strongman Rodrigo Duterte in The Hague is moving. This week, Pre-Trial Chamber I of the International Criminal Court (ICC) ruled that Duterte is fit to participate in the confirmation of charges hearing in his crimes against humanity case.

The confirmation of charges in the pretrial hearing was originally scheduled for September 23, 2025. It was postponed indefinitely due to the legal challenges lodged by the defense. During the confirmation hearing, both the prosecution and the defense will present their arguments for or against the charges against Duterte.

First, the Duterte camp questioned the jurisdiction of the ICC over the case, alleging that the former president was kidnapped and abducted by the court. On October 23, 2025, Pre-Trial Chamber I of the ICC ruled that the court has jurisdiction over the case, rejecting the arguments of the defense. Citing Article 127(2) of the Rome Statute, the court said that it retains jurisdiction over the case. The preliminary examination initiated in February 2018 was sufficient for the case to move forward despite the effectivity of the Philippines’ withdrawal from the Rome Statute in March 2019.

Another track was tried by the defense to get Duterte off the hook. They petitioned for an interim release of the former strongman. While waiting for trial, the defense asked the ICC to grant him temporary liberty. Pre-Trial Chamber I junked Duterte’s request for interim release on the ground that he is a flight risk and that there is insufficient guarantee from the state willing to accept him that he will not flee. The humanitarian ground of the interim release appeal was also denied by the court, as the conditions argued did not adequately address the identified risks. The Appeals Chamber affirmed the decision of Pre-Trial Chamber I denying Duterte’s interim release.

Failing to win the jurisdiction argument and after the rejection of the interim release plea, Duterte’s defense team pulled out the mental deficiency card. They claimed that Duterte’s mental condition had considerably deteriorated and that he has a cognitive disability. Pre-Trial Chamber I appointed three independent medical and psychological practitioners to examine the former president. After weeks of rigorous examination, the three issued a unanimous finding: Duterte has no cognitive impairment. The findings of the experts were submitted to Pre-Trial Chamber I. The court issued its decision this week on the matter.

Pre-Trial Chamber I gave credence to the findings of the panel of medical experts. Its decision promulgated this week declared that Duterte is fit to stand trial. “Having regard to the relevant legal principles, and to the medical assessment of the independent experts in light of all of the factors set out above, the Chamber is satisfied, in law, that Mr. Duterte is able effectively to exercise his procedural rights and is therefore fit to take part in the pre-trial proceedings.”

The court agreed with the conclusions of the medical experts. The judges of Pre-Trial Chamber I “find the conclusions of the [medical] Panel to be reliable.” Lawyers for Duterte asked the court to convene a competency hearing or another round of hearings on the findings of the medical experts. The court did not agree.

“There is no need to convene a hearing further to clarify the conclusions of the experts, the reasons therefor and the methodology adopted during their interviews, also bearing in mind that the procedure adopted by the Chamber in order to resolve the issue of Mr. Duterte’s fitness has been abundantly fair and that there is a concurrent need to proceed as expeditiously as the demands of fairness require and allow,” the Chamber said. “The Chamber rejected the Defence’s request for an indefinite adjournment,” it added.

There is no further delay in Duterte’s confirmation of charges hearing. Pre-Trial Chamber I set the dates on February 23, 24, 26, and 27, 2026. The court issued an advisory following its decision on Duterte’s mental fitness. “The hearing is scheduled on 23, 24, 26, and 27 February 2026 in Courtroom I. The Prosecution, the Defence, and the Legal Representatives of Victims will make oral submissions before the judges to present their arguments on the merits,” the advisory reads.

At last, there is movement in Duterte’s crimes against humanity case before the ICC. The goal of Duterte has been to delay the trial indefinitely by throwing up all possible legal obstacles. Preventing the trial from proceeding has been the strategy of the defense for Duterte to escape justice. Had the defense succeeded, an indefinite suspension would have led to the dismissal of the case. What is the point of detaining Duterte if no trial will occur?

Judges of the ICC are not fooled by the dirty tricks of Duterte and his lawyers. They have been given enough time for their charade to play out. The objective of the defense is clear to the court. Victims of the bloody and gory war against illegal drugs have long been denied justice. It is time for the trial to proceed.

Defense lawyers know that once the trial starts, it will be hard for them to produce facts and evidence in Duterte’s favor. The evidence against Duterte consists of his own words in his numerous public statements and pronouncements while in power. He bragged and boasted about his orders to kill suspected drug addicts and pushers. The war on drugs was a flagship program of his administration.

Now it is time for Duterte to face the music. He has to take responsibility for the slaughter of thousands of Filipinos during his macabre rule. The ICC is the proper venue for him to prove his innocence and display his braggadocio and swagger.

The decision declaring Duterte fit to stand trial paves the way for the confirmation of charges against him. Once the charges are confirmed, Duterte’s case goes to the Trial Chamber, where he will be tried for crimes against humanity. It is a long road to justice.