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Duterte’s ICC trial stalls over disputed medical assessment of fitness

A high-stakes legal battle erupts over the experts evaluating Duterte’s health—could this derail his war crimes trial? The ICC’s vetting process is now under fire.

This image consists of three persons. The two men are wearing black suits. To the left, there is a...
This image consists of three persons. The two men are wearing black suits. To the left, there is a podium along with mics. In the background, there is a wall on which a frame is fixed. To the right, there are flags.

Duterte’s ICC trial stalls over disputed medical assessment of fitness

The International Criminal Court (ICC) faces hurdles in its case against former Philippine President Rodrigo Duterte. The defense is challenging the medical experts appointed to conduct a medical assessment of Duterte's fitness for trial, while the prosecution also seeks the removal of an expert. This comes as the medical assessment is the final obstacle before a confirmation of charges hearing.

Duterte's defense team has argued that two court-appointed neuropsychologists should be disqualified. They cited offensive tweets by one expert and alleged that another was suspended from medical practice without informing the ICC Registry. The defense aims to slow the process, contest the assessment basis, and potentially postpone the trial.

Both the defense and prosecution agree that at least one expert should be removed, raising concerns about the ICC Registry's vetting process. The ICC has appointed a three-member panel to conduct a medical assessment of Duterte's fitness, with the medical assessment being the only remaining hurdle before the ICC can proceed with the confirmation of charges hearing. Duterte faces charges of murder as a crime against humanity over his administration's anti-drug campaign.

If found unfit, Duterte's trial may be delayed, but the ICC statute allows for treatment and re‐assessment. The ICC will now consider the requests for expert removal and proceed with the medical assessment, ensuring it adheres to its procedural rules and standards for evaluating expert qualifications.

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