September 12, 2025
MANILA – Former President Rodrigo Duterte is suffering from cognitive deficiencies and is unable to recall events, places and even members of his close family and defense team, his legal counsel Nicholas Kaufman told the International Criminal Court.
In a 13-page document dated Sept. 11, Kaufman explained why Duterte’s team is seeking the adjournment of all legal proceedings in the former president’s case indefinitely, citing his deteriorating health.
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“Mr. Duterte is not fit to stand trial as a result of cognitive impairment in multiple domains. Mr. Duterte’s condition will not improve and, for this reason, the Pre-Trial Chamber must adjourn all legal proceedings in his case indefinitely,” Kaufman said.
He argued that the medical information collected leads to the “overwhelming conclusion” that Duterte suffers from significant cognitive deficiencies that affect his memory, daily executive functioning, visuo-constructive abilities and orientation to place and time, while also “limiting his capacity for complex reasoning.”
State of health
Kaufman said Duterte’s state of health directly impacts the exercise of procedural rights under Article 67(1), which he described as “essential for him to benefit from a fair trial.”
“With his impaired memory and concomitant inability to retain new information or to recall events, places, timing or even members of his close family and defense team, Mr. Duterte is unable to fully understand the nature and implications of the proceedings conducted against him. His deficient memory also entails an inability to follow the litigation and to make informed decision,” Kaufman said.
He added that Duterte is unable to contribute to his defense, rendering his participation in the proceedings “totally ineffective.”
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“Mr. Duterte lacks the capacity to apply the cognitive skills essential for the proper conduct of his defense. In fact, he is not even able to process the reasons for his detention. Accordingly, the defense submits that Mr. Duterte’s condition fails to meet the minimum standard for fitness to stand trial, namely, an ‘understanding of the essentials of the proceedings,’” Kaufman said.
Duterte’s legal team asked the chamber to order that all legal proceedings, including the hearing on the confirmation of charges, be adjourned indefinitely.
The ICC earlier decided to postpone the commencement hearing of the case, which was originally scheduled for Sept. 23.
The chamber will issue a new scheduling order with a specific date for the hearing in due course.
The ICC has been investigating mass killings in crackdowns overseen by Duterte when he served as mayor of the southern Philippine city of Davao and later as president. Estimates of the death toll of the crackdown during Duterte’s presidential term vary, from the more than 6,000 reported by the national police to up to 30,000 claimed by human rights groups.
The Duterte administration moved to suspend the court’s investigation in late 2021 by arguing that Philippine authorities were already looking into the same allegations and that the ICC — a court of last resort — therefore did not have jurisdiction.
Appeals judges at the ICC ruled in 2023 that the investigation could resume and rejected the Duterte administration’s objections. Based in The Hague, Netherlands, the ICC can step in when countries are unwilling or unable to prosecute suspects in the most serious crimes, including genocide, war crimes and crimes against humanity.