Former Philippine President Rodrigo Duterte appeared in person before judges at the International Criminal Court on Wednesday, 16 September 2026, as the court considered whether his reported cognitive decline prevents him from standing trial on crimes against humanity charges.
Duterte, 81, remained silent during the pretrial hearing in The Hague. The session addressed his health, the disclosure of evidence and the timetable for a trial scheduled to open on 30 November.
The former leader faces charges connected to hundreds of murders during his anti-drug campaign while president from 2016 to 2022. Prosecutors allege he led a systematic campaign that caused the deaths of at least 30,000 people, many during “anti-drug” raids.
The alleged crimes cover the period from 1 November 2011 to 16 March 2019. Prosecutors say Duterte first committed crimes against humanity while mayor of the southern city of Davao, before continuing as president. They accuse him of creating, financing and arming death squads that targeted drug users and dealers.
Duterte denies the allegations. He has said he directed police to act in self-defence during his anti-drug offensive.
The hearing was Duterte’s first personal appearance before the court’s judges since his arrest at Manila airport in March 2025. He had missed a series of hearings since then and previously joined proceedings by videolink.
His lawyers say a serious deterioration in his memory means he cannot take part properly in a criminal case. They told the court that he “suffers from a significant memory impairment that prevents him from retaining recent information and reliably accessing his memories”.
A medical assessment submitted by the defence and prepared by three specialists said Duterte believes he is living in 2007 or 2008. The lawyers also said he believes he is 84 or 85 years old. Tests cited by the defence found that he could not name the sitting president of the United States.
Prosecutors dispute the defence position. They told the court Duterte was “capable of meaningfully exercising his procedural and fair trial rights, and that he is fit for trial”.
The judges ruled in January that Duterte was sufficiently fit to follow the proceedings and asked him to attend court. They have since ordered a further medical assessment by three specialists to decide whether he is mentally fit to be tried.
The court had yet to determine during Wednesday’s hearing whether it would accept the defence account of Duterte’s condition. The findings of the new assessment, and the effect on the planned 30 November opening date, remain unclear.
The International Criminal Court investigation concerns Duterte’s anti-drug campaign in Davao and during his presidency. The Philippines withdrew from the court’s jurisdiction on 16 March 2019. Duterte had disclosed in 2019 that he had myasthenia gravis, an autoimmune condition that causes nerve malfunction.
Duterte was 71 when he was elected president in 2016, making him the oldest Philippine president at the time of election. His appearance after 18 months in detention brings the court closer to deciding whether the case can proceed to trial, while leaving the central dispute over his mental capacity for judges and medical specialists to resolve.
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