MANILA – The International Criminal Court (ICC) made it clear: its medical officer cannot determine whether former President Rodrigo Duterte is fit to face trial.
In an eight-page document dated September 30, the ICC Registry emphasized that the medical officer’s role is limited to overseeing the physical and mental health of detained persons, not declaring their fitness to stand trial.
This comes after Duterte’s legal team argued that the officer’s report supported their claim—backed by an expert neuropsychologist—that the former president suffers from cognitive impairment and is therefore unfit to participate in proceedings.
But the Registry stood firm.
“Under regulation 155, the medical officer’s mandate is limited,” it stated.
The issue traces back to August 18, when Duterte’s camp asked the ICC Pre-Trial Chamber I for an indefinite adjournment, claiming the former president’s condition made him unable to stand trial.
The Chamber responded by directing the Registry to submit a detailed report on Duterte’s health—whether any condition affects his ability to take part in hearings, and if special measures are needed to accommodate him.
After several exchanges, the Registry clarified that while the medical officer can recommend adjustments such as court schedules or physical arrangements to support Duterte during hearings, the officer cannot issue a legal judgment on his fitness for trial.
The Registry also confirmed that the officer may file factual reports on Duterte’s medical care and access to treatment. Some recommendations were included in the document, but details were redacted for confidentiality.
Still, the Registry assured that the medical officer will review Duterte’s condition daily during the confirmation of charges hearings and immediately report any changes.
For now, one thing is certain: the question of Duterte’s fitness to stand trial remains unsettled—and it will not be answered by the ICC’s medical officer.
