Former Philippine President Rodrigo Duterte made his first in-person appearance at the International Criminal Court in The Hague on Wednesday, 16 September 2026, marking a significant moment in his prosecution for alleged crimes against humanity. The 81-year-old, who has been detained since his arrest at Manila airport in March 2025, attended the third status conference after previously appearing only by video link and missing multiple hearings. He wore a dark suit and white shirt, waved at family members in the public gallery when proceedings concluded, and did not address the court.
Duterte faces charges stemming from his violent war on drugs during his presidency from 2016 to 2022, a campaign that resulted in tens of thousands of alleged extrajudicial killings of small-time drug dealers. According to , the ICC's case specifically alleges Duterte was significantly involved in the killings of 76 people and the attempted murder of two others. The court is examining killings from 1 November 2011, when Duterte served as mayor of Davao, a sprawling southern metropolis, through 16 March 2019, when he withdrew the Philippines' membership from the ICC.
The Wednesday hearing was called after Duterte's legal team argued that his deteriorating health rendered him unfit to stand trial. His lawyer, Peter Haynes, recently told the court that his client suffered from "significant memory impairment", preventing him from engaging effectively with his defence team. Prosecutors contested this assessment. Judges are currently deliberating whether Duterte possesses the mental capacity to be tried and have ordered a medical evaluation by three independent specialists.
Defence lawyers have claimed the medical assessment reveals Duterte believes he is living in 2007 or 2008, that he is 84 or 85 years old, and was unable to recall Donald Trump's name. In 2019, while still serving as president, Duterte disclosed that he suffered from myasthenia gravis, an autoimmune condition causing nerve dysfunction. At 71 when elected in 2016, he was the oldest Philippine president at the time of his initial election.
Relatives of those killed during the drug campaign watched the proceedings via livestream from Manila and expressed cautious optimism about Duterte's physical appearance. Llore Pasco, who lost two sons, told a news agency: "We're happy that he has finally appeared and that he looks OK. In fact, he looks like he has put on weight." Randy Delos Santos, whose teenage nephew died in 2017, stated he was pleased to see Duterte in court, saying: "We hope that his being physically fit will help speed up the hearings."
What is the legal status of the case?
Appeals judges ruled on 22 April 2026 that the ICC retains jurisdiction over the case despite the Philippines' withdrawal from the court, clearing a major legal hurdle for prosecutors. The ICC conducted a confirmation-of-charges hearing on 23 February 2026 to determine whether sufficient grounds existed to proceed to trial, after Human Rights Watch noted that the hearing had originally been scheduled for 23 September 2025 before being postponed indefinitely due to fitness concerns.
When will the trial begin?
According to , the trial is scheduled to commence on 30 November 2026. The chamber is expected to discuss the trial schedule extending through Spring Recess in 2027, including a proposal for block hearings with breaks based on expert recommendations. Wednesday's status conference focused on establishing the procedural framework for these proceedings.
How has Duterte's arrest affected Philippine politics?
Duterte's detention has intensified an ongoing power struggle within his family and broader Philippine politics. His daughter, Vice-President Sara Duterte, has engaged in a dramatic feud with President Ferdinand "Bongbong" Marcos, fracturing the Duterte-Marcos alliance that secured a landslide victory in the 2022 elections. The breakdown of this political partnership directly enabled Rodrigo Duterte's arrest at Manila airport in March 2025.
Sara Duterte is considered a leading contender to succeed Marcos in the 2028 presidential election, as the incumbent is constitutionally barred from seeking a second term. However, her political future remains uncertain as she faces an impeachment trial on charges of misusing public funds and threatening to have Marcos, first lady Liza Araneta-Marcos, and congressman Ferdinand Martin Romualdez assassinated. If convicted, she would be disqualified from running for public office.
Key Facts
- Duterte's war on drugs, which formed the centrepiece of his presidency, resulted in tens of thousands of alleged extrajudicial killings of suspected drug dealers.
- The ICC case alleges Duterte was significantly involved in 76 killings and two attempted murders between November 2011 and March 2019.
- Judges are assessing Duterte's mental fitness to stand trial following claims of significant memory impairment and confusion about current dates and ages.
- The trial is scheduled to begin on 30 November 2026, with proceedings potentially extending into Spring 2027.
- Duterte's arrest has destabilised Philippine politics, contributing to the breakdown of the Duterte-Marcos alliance and intensifying succession battles ahead of the 2028 election.
