San Francisco Frontiers - Philippines ex-leader Duterte makes first appearance at ICC

The 81-year-old had appeared by videolink when he was first brought to the court in The Hague, but had since skipped various hearings, with his defence team claiming he was too ill.

Dressed in a dark suit and white shirt with no tie, the former president sat with his chin resting on his hands as the proceedings opened.

Judge Joanna Korner noted his appearance in court for the first time, and said he could leave the court at any time without seeking permission from the bench.

Duterte faces three counts of crimes against humanity, with prosecutors alleging his involvement in at least 76 murders between 2013 and 2018 during his offensive against drug users and sellers.

He is the first Asian former head of state to face trial at the ICC, which prosecutes individuals for the world's worst crimes such as war crimes and crimes against humanity.

Judge Korner has set November 30 as the start date of the trial, which could take months or even years.

Wednesday's hearing was a "status hearing" for the parties and the judge to fix logistical details.

The only time Duterte had been seen since his arrest in March 2025 was an initial appearance via video, where he seemed confused and tired, his speech barely audible.

His defence team has argued he is not mentally fit to follow proceedings and that his condition continues to deteriorate.

In a submission published on Tuesday, Duterte's defence team said he suffered from "significant memory impairment that prevents him from retaining recent information and reliably accessing memories".

Judges are weighing whether he is mentally fit to be tried and have ordered a medical assessment by three experts.

That assessment has not been made public but Duterte's defence cited the results of examinations contained in the report.

According to the defence, these examination showed Duterte thinks he is living in 2007 or 2008, that he is 84 or 85 years old, and could not recall the name of the current US president.

- 'Kill thousands' -

During "confirmation of charges" hearings in February, the prosecution alleged Duterte killed thousands of suspected drug dealers and users, first as mayor of Davao City, then as president.

"Decades of murdering his own people, murdering the children of the Philippines, and he claims that he did it all for his country. He doesn't deny it," said Julian Nicholls, summing up for the prosecution after the hearings.

"He ran a death squad in Davao that he created," said Nicholls, referring to the city where he was mayor before he became president.

"His promise was to kill thousands and he did."

The true number of killings during his campaign in the Philippines is thought to be in the thousands, and lawyers for the victims have argued that a full trial could encourage more families to come forward.

His then defence lawyer Nicolas Kaufman told the court in February that his client "absolutely" maintained his innocence.

Kaufman told ICC judges the evidence against Duterte was "wholly insufficient" and the charges "grievously misplaced and politically motivated".

He argued that while Duterte used "bluster and hyperbole" in his speeches, he also frequently ordered authorities only to shoot in self-defence.

Duterte remains popular in the Philippines, where many favoured his tough approach to crime.

B.Turner--SFF