THE lawyers of former President Rodrigo Roa Duterte are asking the Pre-Trial Chamber of the International Criminal Court (ICC) to first determine whether his deteriorating health affects his ability to stand trial.
‘Mr. Duterte’s cognitive impairment is sufficient to warrant litigation of the matter prior to the holding of the confirmation hearing,’ said his counsel, international lawyer Nicholas Kaufman. ‘In light of the aforementioned, and given their relevance, the Defense hereby submits the present medical information into the case record.’
In a public redacted filing dated September 29, 2025, Kaufman submitted new medical records to support his claim that Duterte is suffering from cognitive impairment.
The submission is part of the ongoing case which investigates alleged crimes committed during Duterte’s presidency, particularly in connection with his controversial war on drugs.
The defense said two separate medical evaluations-one by a professional appointed by the ICC Detention Centre and another by a defense-proposed expert-corroborate the impairment and raise serious concerns about Duterte’s legal competency. The legal team also requested a status conference before the court’s judicial recess to address the matter urgently.
However, the prosecution strongly opposed the defense’s move, arguing that the medical submissions are irrelevant to the Chamber’s determination on interim release. In its own filing, also dated September 29, the Office of the Prosecutor said Duterte remains a flight risk, could interfere with proceedings, and may commit further crimes if released.
The Prosecution criticized the Defense for filing the medical challenge five months after Duterte’s initial appearance, and after key procedural deadlines had passed. It noted that during those months, Duterte was able to instruct his legal team to file jurisdictional challenges, request the disqualification of judges, and negotiate conditions for interim release-suggesting he was mentally competent enough to participate in legal strategy.
‘The Defense has unnecessarily delayed the proceedings,’ the Prosecution said, adding that the Chamber had already made clear that any postponement of the confirmation hearing would be ‘limited to the time strictly necessary’ to assess Duterte’s fitness.
The public versions of both filings redact specific medical details and internal negotiations.
Duterte, who served as president from 2016 to 2022, faces accusations of crimes against humanity for thousands of deaths linked to his anti-drug campaign. He has consistently denied wrongdoing and previously dismissed the ICC’s jurisdiction over the Philippines.
The ICC has yet to issue a ruling on the Defense’s latest request.