The International Criminal Court (ICC) has set the trial of former president Rodrigo Duterte for Nov. 30, 2026, while ordering a fresh medical assessment to determine whether he is fit to stand trial on crimes against humanity charges stemming from his anti-drug campaign.
The date was set during the first status conference before ICC Trial Chamber III in The Hague on May 27, where Presiding Judge Joanna Korner said proceedings would remain subject to a renewed determination of Duterte’s fitness to participate in the trial.
“We are prepared to accede to the prosecution’s application of the 30th of November as the start of the trial,” Judge Korner said. “We have to wait for the report on the accused’s fitness.”
The Pre-Trial Chamber earlier confirmed charges of crimes against humanity against Duterte, linked to killings during his anti-drug campaign from his time as Davao City mayor to his presidency, and committed the case to trial before Trial Chamber III.
According to Judge Korner, the chamber intends to hold trial five days a week until judicial recess, although the schedule may be adjusted depending on Duterte’s medical condition.
Ahead of trial, the chamber set several pretrial deadlines, including status conferences on June 23 and July 14, June 29 for the prosecution’s provisional witness and evidence list, Aug. 31 for final submissions of witnesses and evidence, Sept. 28 for the victims’ legal representatives’ trial brief, and Oct. 30 for the defense’s indication of issues and defense.
The chamber also ordered a new medical examination of Duterte after the defense argued that an earlier finding on his fitness applied only to pre-trial proceedings, specifically the confirmation of charges phase.
“The finding of fitness is related to the confirmation proceedings, and the chamber is obliged to make a separate finding on that issue,” Korner said during the hearing.
Duterte’s lead counsel, Peter Haynes, sought the reassessment under Rule 135 of the ICC Rules of Procedure and Evidence, which allows the chamber to order a medical, psychiatric or psychological examination of an accused.
Haynes argued that a separate assessment was necessary because trial proceedings differ from confirmation proceedings in complexity and duration.
“In the circumstances, and particularly given that more than six months have passed since Mr Duterte was last examined… the Defence submits that it is appropriate that the Chamber order a medical examination of Mr Duterte pursuant to Rule 135 at this juncture and before the commencement of any trial,” the filing read.
Judge Korner said the same three medical experts who previously assessed Duterte would likely conduct the new evaluation, while the chamber deferred ruling on whether they would later be questioned in court.
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