THE International Criminal Court (ICC) Trial Chamber III has directed that former President Rodrigo Duterte undergo another medical evaluation to establish whether he is mentally and physically capable of standing trial starting November 30, 2026.
The ruling is contained in a redacted public decision dated June 12, 2026 and released on Saturday, formally invoking Rule 135 of the Rules of Procedure and Evidence to ensure the court can properly fulfill its duties under Article 64 of the Rome Statute.
According to the chamber, earlier assessments were conducted only during the pre-trial phase and were limited in scope; since the case has now moved to the trial stage, the body said it has not yet made its own determination on fitness and therefore requires an updated, objective assessment from independent experts.
“Given that the Accused is now to stand trial, the Chamber finds that it requires an objective assessment of the Accused’s health by independent experts for the purposes of making a determination as to his fitness to stand trial,” the decision read.
The same multidisciplinary panel of experts previously engaged during pretrial proceedings—and already admitted to the ICC’s List of Experts — has been reappointed for this task.
The experts will review earlier findings as a baseline, then check whether Duterte’s health has changed in ways relevant to the proceedings, and assess his current condition against the demands of the upcoming trial. Their focus is not merely on the existence of medical conditions, but on whether those conditions impair his ability to exercise fair trial rights and participate effectively in his defense.
The chamber emphasized that under ICC rules, it alone holds the authority to decide on the accused’s fitness based on the medical findings. Separately, the court granted Duterte’s request to add one person — whose identity was redacted — to his list of approved non‑privileged contacts. It also instructed the ICC Registry to immediately report any breach of contact restrictions or any significant developments related to the case, ensuring that all conditions set by the court remain strictly enforced.
