The newly appointed counsel of former President Rodrigo Duterte has sought another fitness review for his client before the International Criminal Court.
In a redacted filing, British barrister Peter Haynes asked the court to revisit Duterte’s competence under Rule 135 before trial proceedings begin. Haynes said the previous assessment conducted during the pre-trial phase relied mainly on written medical reports and argued that Duterte’s current condition requires a more comprehensive review.
“The Defence position is that a commencement is contingent upon a determination by the Trial Chamber of Mr Duterte’s fitness to stand trial,” Haynes said in the filing, adding that the defense would seek another evaluation before proceedings move forward.
The ICC earlier rejected an appeal from Duterte’s previous legal team, led by Nicholas Kaufman, which challenged the court’s finding that the former president was mentally and physically fit to participate in pre-trial proceedings. Duterte’s lawyers had argued that judges failed to fully consider medical evidence citing alleged cognitive decline and memory impairment.
Duterte faces charges of crimes against humanity linked to his controversial anti-drug campaign. Prosecutors are seeking to begin trial proceedings on November 30, 2026, saying they expect to complete all pre-trial preparations by September next year.
The Hague-based tribunal earlier confirmed all charges against Duterte, with judges saying there are substantial grounds to believe he was responsible for crimes against humanity, including murder and attempted murder, committed between November 2011 and March 2019 during his time as Davao City mayor and later as Philippine president.
If the case proceeds, Duterte, 81, would become the first former Asian head of state to stand trial before the ICC.
