THE NEWLY appointed defense team for former President Rodrigo Duterte has formally requested that the International Criminal Court (ICC) order a comprehensive new medical evaluation before his high-profile trial gets underway.
In a formal filing submitted to Trial Chamber III, lead defense counsel Atty. Peter Haynes requested that the court bar the trial from moving forward until independent medical experts conduct a fresh assessment of the 81-year-old former president’s physical and mental fitness.
The defense is also pushing for these medical experts to deliver live testimony before the chamber prior to any final judicial determination regarding Duterte’s capacity to stand trial.
While ICC judges previously deemed Duterte fit to participate during the pre-trial phase, Haynes argued that those findings were strictly limited to early proceedings.
The defense highlighted that more than six months have lapsed since Duterte’s last formal medical evaluation, rendering the existing health data outdated for the rigorous demands of a full trial.
Crucially, the defense motion cited previous expert assessments revealing that the former president possessed only a “partial understanding” of the complex legal accusations leveled against him.
The filing further noted that a pre-existing medical condition has “reduced, to some extent,” his cognitive and functional ability to properly defend himself in court.
The legal maneuver comes just days after Trial Chamber III, presided over by Judge Joanna Korner, provisionally set the opening of the landmark crimes against humanity trial for November 30, 2026.
During that initial status conference on May 27, Judge Korner acknowledged the defense’s health concerns, signaling that the chamber was already prepared to issue directives for an updated medical review.
Duterte, who was transferred to ICC custody in March 2025, faces three counts of crimes against humanity over the widespread and systematic killings tied to his administration’s controversial “war on drugs”.
The prosecution has already indicated plans to call between 60 and 70 witnesses, including roughly 31 “insider” testimonies.
However, the defense’s latest push for an exhaustive medical gateway could complicate the court’s timeline, as Trial Chamber III must now decide whether to pause scheduling to accommodate the live medical hearings demanded by Haynes.
The ICC prosecution and legal representatives for the victims are expected to file their responses to the defense’s motion in the coming days.
