Camille Naredo

A man holds a portrait of former Philippines president Rodrigo Duterte in front of the International Criminal Court (ICC) where he will be appearing, in The Hague on March 14, 2025. Nicolas Tucat, AFP/File

A man holds a portrait of former Philippines president Rodrigo Duterte in front of the International Criminal Court (ICC) where he will be appearing, in The Hague on March 14, 2025. Philippine ex-president Rodrigo Duterte was expected to make his first appearance at the International Criminal Court on March 14, to face crimes against humanity charges over his deadly narcotics crackdown. The 79-year-old was set to appear before judges for a short hearing where he is to be informed of the crimes he is alleged to have committed, as well as his rights as a defendant. (Photo by Nicolas TUCAT / AFP)

Article (news)

International Criminal Court

Zen Hernandez

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px;display:block" width="960"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/1769440707480AFP__20250314__372B2JW__v1__Preview__NetherlandsPhilippinesJustice.jpg" style="width:960px" class="fr-fic fr-dib" alt="A man holds a portrait of former Philippines president Rodrigo Duterte in front of the International Criminal Court (ICC) where he will be appearing, in The Hague on March 14, 2025. Nicolas Tucat, AFP/File" width="960"/><span class="fr-inner" style="text-align:left">A man holds a portrait of former Philippines president Rodrigo Duterte in front of the International Criminal Court (ICC) where he will be appearing, in The Hague on March 14, 2025. <em>Nicolas Tucat, AFP/File</em></span></span></span></div><p>MANILA -- Rodrigo Duterte&#x27;s lead counsel, Nicholas Kaufman, said the defense will move to appeal the International Criminal Court&#x27;s (ICC) ruling finding the former Philippine president fit to participate in pre-trial proceedings.</p><p>Kaufman claimed that his client was denied due process.</p><p>&quot;The Defence will seek leave to appeal today&#x27;s decision on the grounds that Mr Duterte was denied due process,&quot; Kaufman said in a statement.</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/1/26/icc-pre-trial-chamber-i-says-duterte-fit-to-take-part-in-pre-trial-proceedings-1813">READ: ICC Pre-Trial Chamber I says Duterte &#x27;fit to take part in pre-trial proceedings&#x27;</a></div><p>In a 25-page decision issued Monday, January 26, the ICC Pre-Trial Chamber I (PTC) rejected the defense request for an indefinite adjournment based on Duterte&#x27;s alleged &quot;cognitive impairment&quot; and ruled that he is fit to take part in pre-trial proceedings, including the confirmation of charges hearing, now rescheduled to February 23, after a five-month postponement.</p><p>The Chamber said Duterte retains the functional mental capacities required to meaningfully exercise his procedural and fair trial rights, including the ability to understand the charges and evidence against him, follow the proceedings, and instruct his lawyers.</p><p>It explained that these capacities &quot;are not required to be present at their notionally highest level or at the highest level that a particular suspect has ever enjoyed.&quot;</p><p>The Pre-Trial Chamber stressed that it took specific steps to ensure the &quot;impartiality and neutrality&quot; of the experts.</p><p>The ruling followed months of litigation over Duterte&#x27;s health, during which judges ordered an independent medical assessment by a &quot;multi disciplinary panel of three experts possessing senior and extensive expertise in forensic psychiatry, neuropsychology and geriatric and behavioral neurology.&quot;</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/1/12/duterte-camp-submits-new-medical-evidence-to-icc-for-interim-release-bid-1228">READ: Duterte camp submits new medical evidence to ICC for interim release bid</a></div><p>While the experts differed on the extent of Duterte&#x27;s medical conditions, the judges said they were unanimous in concluding that these conditions do not prevent him from participating in the proceedings, especially with appropriate accommodations during hearings.</p><p>Despite the ruling, Duterte&#x27;s defense team accused the panel of lacking independence.</p><p>&quot;The appointed panel was, in our opinion, anything but independent. After selecting and then revoking the appointment of two wholly unsuitable candidates - one of whom was under active suspension and the other a rabid social media troll - the judges settled on professionals from a shortlist crafted by the Registry,&quot; Kaufman said.</p><p>&quot;Thereafter, the judges refused to entertain the reports supplied by the Defence&#x27;s own experts without motivation and denied a hearing in which the Defence could question the appointed professionals in order to clarify the numerous inconsistencies arising out of their individual reports,&quot; he added.</p><p>In a separate statement, Kaufman also claimed that the defense was &quot;denied the opportunity to present its own medical evidence and to question, in court, the contradictory findings of professionals selected by the judges.&quot;</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/1/23/vp-duterte-says-dad-rodrigo-ok-when-she-visited-him-in-icc-detention-1233">READ: VP Duterte says dad Rodrigo ‘OK’ when she visited him in ICC detention</a></div><div><br/></div><div><br/></div><div><strong>&#x27;TIME FOR VICTIMS TO TELL THEIR STORIES&#x27;</strong></div><p>Meanwhile, lawyers representing families of alleged victims of extrajudicial killings (EJK) welcomed the decision, saying it removes what they described as a final attempt to delay accountability.</p><p>Human rights lawyer Joel Butuyan said the ruling allows long-silenced victims to finally be heard.</p><p>&quot;This is the last of the multiple obstacles that the defense has tried to put up in order to prevent Mr. Duterte from becoming liable for the crimes against humanity that he so horribly committed against his own people,&quot; Butuyan said.</p><p>&quot;It has been almost 10 years since the killings started nationwide in the beginning of the Duterte presidency in 2016, and more than 10 years for the victims during Duterte&#x27;s mayoralty period. Mr. Duterte has been given more than enough time to ventilate his excuses, which have all been ruled upon as baseless and unfounded. It is time for the victims to tell their stories,&quot; he added</p><p>Former Bayan Muna congressman Neri Colmenares, also a lawyer for some EJK victims&#x27; families, said the ruling prevents Duterte from avoiding trial by invoking claims of incapacity.</p><p>&quot;That is great news! The victims&#x27; families have long demanded that Pres Duterte stop delaying the confirmation of charges so the trial can begin if the charges are confirmed. This ICC decision not only scheduled the confirmation of charges but also blocked Pres Duterte&#x27;s attempt to avoid accountability by claiming he is unfit for trial,&quot; Colmenares said.</p><p>He added that the ruling gives families the opportunity to present evidence and seek justice, noting that Duterte could become the first Asian former head of state to stand trial before the ICC, if charges are confirmed.</p><p>A confirmation of charges hearing assesses whether the prosecution has presented enough evidence to establish substantial grounds to believe that the accused committed each alleged crime. Only one confirmed charge is required for the case to be committed to a Trial Chamber, which will oversee the trial phase.</p><p>In Duterte&#x27;s case, the ICC Prosecutor alleges that the former president is criminally responsible for three counts of crimes against humanity, committed in the context of his &quot;war on drugs,&quot; both during his tenure as Davao City mayor and later as President of the Philippines.</p><p>Former senator Antonio &quot;Sonny&quot; Trillanes IV, who filed a supplemental ICC complaint against Duterte in 2017, also welcomed the decision.</p><p>&quot;Ako po ay natutuwa para sa mga pamilya ng mga biktima ng EJK na sa wakas matutuloy na rin ang paglilitis kay Duterte. Tuloy na tuloy na ang mahabang lakbay tungo sa hustisya,&quot; Trillanes said in a statement.</p><p>If the Appeals Chamber grants the defense leave to appeal, this would mark the third appeal filed in the case. The Appeals Chamber has already rejected Duterte&#x27;s bid for interim release and is currently deliberating on his appeal challenging a prior ruling affirming the ICC&#x27;s jurisdiction over his case.</p>

<p>Rodrigo Duterte's lead counsel, Nicholas Kaufman, said the defense will move to appeal the International Criminal Court's ruling finding the former Philippine president fit to participate in pre-trial proceedings.</p>

Rodrigo Duterte's lead counsel, Nicholas Kaufman, said the defense will move to appeal the International Criminal Court's ruling finding the former Philippine president fit to participate in pre-trial proceedings.

'Denied due process': Duterte's counsel says will appeal ICC decision

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'Denied due process': Duterte's counsel says will appeal ICC decision

Zen Hernandez,

ABS-CBN News

Published January 26, 2026 11:38 PM PHT

Read More:

Rodrigo Duterte

Nicholas Kaufman

ICC

Pre-Trial Chamber

Appeals Chamber

War on Drugs

Crimes Against Humanity

EJKs

International Criminal Court

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