On 8 October 2026, Trial Chamber III of the International Criminal Court (ICC) made public its decision (dated 28 September 2026) in which it decided that Mr Duterte is fit to stand trial. In that decision, the Chamber also adopted necessary measures to facilitate the Accused's participation in his trial. The opening of the trial in the Duterte case is scheduled on 30 November 2026.
The Chamber was satisfied that the Accused is able to effectively exercise his fair trial rights in the proceedings. The decision of the judges is based on the findings of an independent Panel of Experts as well as on submissions made by the parties and participants on these issues.
The Expert Panel unanimously found that the Accused has the capacity to understand the charges, understand the purpose and consequences of the proceedings, follow the course of the proceedings, including the nature and implications of entering a plea, understand the evidence, and instruct counsel in the preparation and conduct of his defence.
With respect to the scheduling of trial hearings, the Chamber noted the Expert Panel's recommendations as well as relevant submissions and decided that it will assess sitting hours on a case-by-case basis depending on the individual circumstances of the witnesses and the accused.
The Chamber instructed the Registry that the Accused's health be continuously monitored by the Medical Officer of the Court's Detention Centre. In the event that the Medical Officer identifies any changes in the Accused's medical condition, such information should be transmitted to the Chamber immediately by the Registry pursuant to the appropriate procedures.
The schedule and directions for the opening of the trial will be issued by the judges in due course. Practical information, in particular on how to attend or watch the proceedings, will be provided closer to the date of the trial.
Decision on Rodrigo Roa Duterte's fitness to stand trial
Background: Following a request by the Office of the Prosecutor, the warrant of arrest against Mr Duterte was issued by Pre-Trial Chamber I as "Secret" on 7 March 2025 and reclassified as "Public" on 11 March 2025. On 12 March 2025, Mr Duterte was surrendered to the ICC. The initial appearance of Mr Duterte took place on 14 March 2025. The confirmation of charges hearing took place from 23 to 27 February 2026 before Pre-Trial Chamber I. On 23 April 2026, Pre-Trial Chamber I unanimously confirmed all the charges comprised of three counts of crimes against humanity brought by the Prosecution against Mr Duterte and committed him to trial before a Trial Chamber. On 24 April 2026, the ICC Presidency constituted Trial Chamber III, to be in charge of the Duterte case. On 27 May 2026, Trial Chamber III scheduled the opening of the trial for 30 November 2026.
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