THE DEFENSE team of former President Rodrigo Roa Duterte has requested the International Criminal Court (ICC) to move the trial date, arguing that he must first undergo an independent health and mental reassessment.
In a public redacted filing submitted to Trial Chamber III on May 15, 2026, the defense disclosed that the former president is suffering from a “progressive neurological condition” that significantly impacts his memory, reasoning, and ability to concentrate.
The defense contends that these cognitive impairments could prevent Duterte from meaningfully participating in his own defense or understanding the complex international proceedings against him.
To address these health concerns, the defense requested that Trial Chamber III—presided over by Judge Joanna Korner—appoint independent medical experts to conduct a comprehensive examination.
They further asked that the court implement a regular monitoring system to track Duterte’s health throughout the life of the case.
Even if the court deems the 81-year-old former leader fit to stand trial, his attorneys argued that a significant delay would still be necessary for trial preparation.
The filing pointed out that comparable cases before the ICC historically require between 14 to 19 months to transition from the confirmation of charges to the actual start of a trial.
The lawyers also asked for complete and timely delivery of all witness statements, evidence, and an explicit trial brief detailing how the prosecution intends to prove its case.
The defense also wants is live, in-person testimonies to preserve Duterte’s right to confront his accusers.
Finally, the defense demanded a more precise and self-contained statement of facts of the current charges, which the defense claims remain overly broad.
In its motion, the defense asked the court to consider granting the former president exemptions from attending every scheduled courtroom hearing in person.
The submission follows Trial Chamber III’s recent constitution, which moved the case into the trial phase after charges of crimes against humanity were confirmed on April 23, 2026.
