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

Judges at the International Criminal Court (ICC) have found former Philippine President Rodrigo Duterte fit to stand trial. The court announced the decision on Thursday, 8 October 2026. The trial is scheduled to begin on 30 November.

Duterte faces charges of crimes against humanity related to his 'war on drugs'. He is accused of murder and attempted murder over his alleged role in dozens of killings. If convicted, he faces a maximum sentence of life imprisonment.

Independent experts concluded that Duterte can understand the charges and follow the proceedings. They also found he is mentally fit to understand evidence and discuss his defence with his lawyers. Al Jazeera quoted the court as saying: "The chamber was satisfied that the accused is able to effectively exercise his fair trial rights in the proceedings." DW quoted the ruling as stating that he "has the capacity to understand the charges".

Duterte was president of the Philippines from 2016 to 2022. He was arrested in 2025 and is held at The Hague, where the ICC is based. Last month he appeared in person at the court for the first time, at a hearing.

Further details reported

According to DW, the ruling is dated 28 September. DW also reports these details:

• Judges confirmed the charges in April.
• In January, judges said his health allowed him to follow proceedings. He had previously missed hearings or joined by videolink.
• He did not speak at last month's hearing.
• The charges cover killings between November 2011 and March 2019. This period includes his time as mayor of Davao City.
• He will be asked to enter a plea when the trial opens.

According to Al Jazeera, judges denied a request to release Duterte, who is 81. He was arrested in the Philippines in March 2025 after a lengthy ICC investigation. Al Jazeera reports that he is the first Asian former leader arrested by the ICC.

What each side says

ICC prosecutors allege that police and hit squads carried out dozens of killings at Duterte's behest, starting in 2011. They say the killers were motivated by money or by fear of becoming targets themselves.

According to Al Jazeera, Duterte denies the charges. He says he only ordered police to act in self-defence.

His legal team says he suffers from cognitive decline affecting his memory and daily functioning. According to Al Jazeera, the team argued he could not absorb new information or reliably recall the past.

Death toll estimates differ. Al Jazeera cites Philippine national police figures of more than 6,000 deaths during his presidency, and human rights groups' estimates of up to 30,000. According to DW, Amnesty International says thousands died, as police systematically targeted poor and defenceless people.

The reports reviewed by Vocemundi do not include reactions from the defence, the prosecution or the Philippine government. They also do not give the grounds for denying his release.

Analysis

The ruling resolves, for now, a central procedural question that had delayed the case: whether Duterte could take part in his own defence. The reports do not say whether his lawyers will challenge it, so further litigation on his health remains possible. If the trial opens as scheduled, attention will likely shift to the evidence linking him to specific killings. The wide gap between official and rights groups' death tolls shows that the full scale of the campaign remains contested. The case may also be watched as a test of the ICC's reach over former heads of state, though its outcome cannot be assumed.

Produced by the Vocemundi newsroom with AI assistance.