On September 8, 2025, the International Criminal Court (ICC) took the extraordinary step of postponing the confirmation of charges hearing for former Philippine president Rodrigo Duterte, marking a dramatic turn in a case that has already drawn international scrutiny. The hearing, initially slated for September 23, was delayed as the court weighs whether the 80-year-old Duterte is medically fit to stand trial for crimes against humanity—specifically, murder charges tied to his infamous "war on drugs."
This decision, made by a three-judge panel with one dissenting opinion, sets a new chapter in a saga that has gripped the Philippines and observers worldwide. According to Reuters, the postponement will last only as long as necessary to determine Duterte’s fitness to follow and participate in the pre-trial proceedings. The court’s official statement explained, "Litigation regarding Mr. Duterte's fitness to participate in the pre-trial proceedings is ongoing in connection with the Defence's Adjournment Request."
Duterte’s legal team, led by Salvador C. Medialdea, filed a motion in August 2025 claiming the former president was not fit to stand trial due to health reasons. The details of Duterte’s alleged health conditions, however, remain shrouded in secrecy—most filings are confidential or heavily redacted, leaving the public to speculate about the true nature of his ailments. As reported by South China Morning Post and The Straits Times, the court’s decision to delay was not unanimous. Judge María del Socorro Flores Liera dissented, arguing the hearing should have gone forward as planned, despite the defense’s claims.
Duterte’s arrest earlier this year was itself a headline-grabber. On March 11, 2025, he was apprehended at Manila airport after returning from Hong Kong, following the issuance of a sealed ICC warrant just days prior. The warrant, according to Gulf News, charged him with "murder as a crime against humanity" in connection with his anti-drug campaign—a campaign that has been under ICC investigation since 2021. The investigation was briefly suspended but reinstated in 2023 after an appeal from the Philippine government.
The scale of alleged abuses during Duterte’s tenure is staggering. Prosecutors at The Hague estimate that between 12,000 and 30,000 civilians were killed in connection with the "war on drugs" from November 1, 2011, to March 16, 2019. Human rights groups, as cited by TRT World, put the figure at the upper end of that range, while the Philippine national police report a lower count of just over 6,000. The ICC’s arrest warrant specifically found "reasonable grounds to believe that Mr. Duterte is individually responsible for the crime against humanity of murder" as an "indirect co-perpetrator for having allegedly overseen the killings when he was mayor of Davao and later president of the Philippines."
Duterte’s first appearance before Pre-Trial Chamber I came on March 14, 2025. He participated via video link from the ICC Detention Centre in Scheveningen Prison, looking, according to TRT World, "dazed and frail, barely speaking." The hearing’s purpose was to verify his identity, inform him of the charges, and make sure he understood his rights under the Rome Statute. The confirmation of charges hearing, now postponed, is a pivotal step: it determines whether there is enough evidence to send the case to a full trial.
Adding to the drama, Duterte has forcefully maintained his innocence and questioned the legitimacy of his arrest. In public statements, he has described his detention as "unlawful and tantamount to kidnapping," a claim echoed in multiple outlets including South China Morning Post and The Straits Times. His defense team’s argument for postponement hinges on his age and health, but the ICC has never before found a defendant unfit for trial, even in cases involving elderly or ailing suspects. As Reuters notes, "It is rare for international courts to find suspects, even increasingly elderly suspects, wholly unfit for trial. The ICC has never found a suspect unfit for trial despite several other defendants’ petitions."
The Philippines’ relationship with the ICC has been complicated. The country formally withdrew from the court in 2019, but the ICC maintains jurisdiction over alleged crimes committed while the Philippines was still a member. This legal nuance ensures that Duterte, despite his government’s withdrawal, remains answerable for actions taken during his presidency and his earlier time as mayor of Davao.
The case has profound implications both domestically and internationally. Duterte is the first Asian former head of state charged by the ICC, a fact that underscores the gravity and rarity of the proceedings. The charges stem from a campaign that, while popular among some sectors of Philippine society for its tough-on-crime rhetoric, drew fierce criticism from rights advocates and international observers. The debate over Duterte’s legacy is as polarized as ever: some see the ICC’s actions as a long-overdue reckoning for alleged abuses, while others view it as foreign interference in national affairs.
For now, the focus remains on Duterte’s health and his ability to participate in the legal process. The court’s decision to postpone is not open-ended; as stated by the ICC, "the period would be limited to the time strictly necessary to determine whether Mr. Duterte is fit to follow and participate in the pre-trial proceedings." Still, there is no clear timeline for when a final decision will be made. The confidential nature of the medical filings means the public may remain in the dark for weeks, or even months, as the court deliberates.
The broader context of the case is equally important. The ICC’s investigation, which began in 2021, focuses on extrajudicial killings and other abuses allegedly committed during Duterte’s anti-drug campaign. The court’s willingness to pursue charges against a former head of state—especially one from outside Europe or Africa—signals a growing assertiveness in holding leaders accountable for alleged crimes against humanity. Yet, the outcome remains uncertain, not least because of the unprecedented nature of the fitness-to-stand-trial question now before the judges.
As the world waits for the ICC’s next move, the Duterte case has already set several precedents. It has tested the limits of international justice, raised thorny questions about sovereignty and accountability, and forced a reckoning with the legacy of a leader whose policies left a deep imprint on his country. Whether the case proceeds to trial or stalls on medical grounds, its reverberations will be felt far beyond the walls of The Hague.
With the confirmation of charges hearing on hold and no new date set, all eyes are now on the ICC as it navigates this complex legal and ethical terrain. The world will be watching to see whether justice, in this most high-profile of cases, will ultimately be served.