ICC judges find former Philippine President Duterte fit to stand trial 

Judges on the International Criminal Court (ICC) have ruled that former Philippine President Rodrigo Duterte is fit to stand trial for alleged crimes against humanity.

In a statement on Monday, the court rejected defence arguments that the 80-year-old is in frail health and unfit to take part in the legal proceedings.

Duterte is facing charges of crimes against humanity for his alleged involvement in dozens of killings as part of his “war on drugs” while in office, first as the mayor of the southern city of Davao and later as president from 2016 to 2022.

“Having regard to the relevant legal principles, the medical assessment of the independent experts … and all of the relevant circumstances of the case, the Chamber was satisfied that Mr Duterte is able effectively to exercise his procedural rights,” the court said in a statement, citing an assessment by a panel of medical experts, including in geriatric neurology and psychiatry.

The judges noted that for people to be deemed fit to take part in their cases, it is enough that they have a broad understanding of the procedures, not that they operate at their highest level.

It is rare for international courts to find suspects, even elderly ones, wholly unfit for trial. The ICC has never found a suspect unfit for trial despite several other defendants’ petitions.

Duterte will now face a “confirmation of charges” hearing starting on February 23, in which judges will decide whether the prosecution’s allegations are strong enough to proceed to trial.

Duterte’s lead lawyer, Nick Kaufman, said he was disappointed in the court’s decision on Monday and would seek to appeal. The defence was “denied the opportunity to present its own medical evidence and to question, in court, the contradictory findings of professionals selected by the judges”, he said.

Duterte, who is being held in The Hague, was arrested in March. Families of the people killed in his “war on drugs” hailed the development at the time.

According to ICC prosecutors, Duterte created, funded and armed death squads that killed thousands of alleged narcotics peddlers and users.

Estimates of the death toll during Duterte’s presidency vary. National police put the figure at more than 6,000 while human rights groups have said it is as many as 30,000.

Duterte has long insisted he instructed police to kill only in self-defence and has always defended the crackdown, repeatedly telling his supporters he was ready to “rot in jail” if it meant ridding the Philippines of illicit drugs.