October 9: Judges at the International Criminal Court (ICC) have ruled that former Philippine President Rodrigo Duterte is fit to stand trial on charges of crimes against humanity linked to his “war on drugs”, rejecting his lawyers’ argument that memory loss left him unable to take part. The trial is due to open on November 30, Al Jazeera and The Manila Times reported. Duterte, 81, denies the charges and says he only ordered police to act in self-defence. He is presumed innocent until proven guilty.
Key highlights
- Trial Chamber III said in a 17-page ruling dated September 28 and released on Thursday that it “was satisfied that the accused is able to effectively exercise his fair trial rights in the proceedings”, according to the Daily Tribune and Al Jazeera.
- An independent panel of medical experts found he can understand the charges, the evidence and the proceedings and instruct his lawyers. It said his “general physical health appears to have been optimized” under the court’s medical care, the Daily Tribune reported.
- He faces three counts of crimes against humanity. Prosecutors allege his involvement in at least 76 murders between 2013 and 2018, The Manila Times reported. The maximum sentence is life imprisonment.
- Estimates of the number of people killed in the drug war range from more than 6,000, the national police figure, to as many as 30,000, according to rights groups, Al Jazeera said.
- Duterte is due at a status conference on Tuesday, October 13, the Daily Tribune said.
What the judges decided, and why
Duterte’s defence, led by Peter Haynes, had argued in a petition in early September that he suffered significant memory impairment and at times believed he was “living in 2007 or 2008”, the Daily Tribune reported. That petition led to new medical examinations. The chamber acknowledged that Duterte is old and frail but found “no evidence of worsening of mental state or cognitive abilities”, according to the same report. The medical panel’s conclusion that he could follow the case and instruct counsel was unanimous.
The court also ordered continued monitoring of his health, the Manila Bulletin reported in its headline. Fitness to stand trial is a threshold question: it decides only whether a trial can go ahead, not whether the accused is guilty.
The case so far
| Date | Step | Source |
|---|---|---|
| 2013–2018 | Period of the at least 76 murders prosecutors link to Duterte | The Manila Times |
| March 11, 2025 | Arrested in the Philippines and flown to The Hague | Daily Tribune, Al Jazeera |
| Early September 2026 | Defence petitions that he is unfit because of memory loss | Daily Tribune |
| September 2026 | First in-person appearance at the ICC; request for release denied | Al Jazeera |
| September 28, 2026 | Trial Chamber III rules him fit to stand trial (released October 8) | Daily Tribune |
| October 13, 2026 | Status conference | Daily Tribune |
| November 30, 2026 | Trial due to open | Al Jazeera, The Manila Times |
The numbers in the case
| Item | Figure | Source |
|---|---|---|
| Counts of crimes against humanity | 3 | The Manila Times |
| Murders prosecutors link to Duterte | At least 76, between 2013 and 2018 | The Manila Times |
| Drug-war deaths, police figure | More than 6,000 | Al Jazeera |
| Drug-war deaths, rights groups’ estimate | Up to 30,000 | Al Jazeera |
| Duterte’s age | 81 | Al Jazeera, Daily Tribune |
| Maximum sentence | Life imprisonment | Al Jazeera |
| Days from the ruling’s release to the trial | 53 | Our calculation (October 8 to November 30) |
The charges cover far fewer deaths than the overall estimates. The reports we read do not explain how the 76 cases were chosen.
What it means for Asia
Duterte is the first former Asian leader arrested by the ICC, Al Jazeera noted, and the ruling removes the last big obstacle before his trial. For the Philippines, the case will run in the background of domestic politics, where his daughter, Vice President Sara Duterte, remains a central figure. For other Asian governments, the case shows that the ICC can reach a former head of state from the region when the country’s own authorities hand him over.
What to watch
- The status conference on October 13, and whether the defence tries to challenge the ruling.
- Preparations for the trial opening on November 30.
- Reaction in the Philippines from the government, the Duterte family and victims’ groups, which was not reported in the first accounts of the ruling.





