Former Philippine President Duterte Reported with Cognitive Impairments Amid ICC Trial Proceedings

The Hague – Legal representatives for former Philippine President Rodrigo Duterte have reported that he exhibits substantial cognitive impairments, which hinder his memory and daily functioning, according to documents released Thursday by the International Criminal Court (ICC). Duterte, aged 80, was detained in March at The Hague following an ICC arrest warrant accusing him of responsibility for numerous killings tied to his administration's "war on drugs," which led to thousands of suspected drug dealers and users being killed. In a defense submission dated August 18 and published on Thursday, his lawyers argue that Duterte's cognitive condition compromises his executive functions, orientation, and his ability to engage in complex reasoning, thereby rendering him unfit to undergo trial. The former president has contested the legality of his arrest, describing it as unlawful and comparable to kidnapping. Earlier this week, ICC judges postponed the forthcoming hearings originally scheduled for later this month that were intended to confirm the charges against Duterte. The judges deferred these proceedings to first address the defense's petition regarding his mental fitness to stand trial. The timeline for a judicial decision on whether the case will continue remains uncertain. Many specifics concerning Duterte’s medical condition have been redacted in the court filings. It is uncommon for international tribunals to find elderly defendants completely unfit to face trial. Notably, a determination of unfitness does not necessarily equate to release from custody. In a comparable case in 2023, a United Nations war crimes tribunal declared Felicien Kabuga, a Rwandan genocide suspect with dementia, unfit for trial. Despite this, Kabuga remains detained in The Hague’s UN detention unit as no country has agreed to grant him provisional release.