Background
Former Philippine president Rodrigo Duterte is at the center of fresh procedural disputes in the International Criminal Court (ICC) over a medical report used in his pre-trial proceedings. In a public redacted filing dated Oct. 9, 2025, Duterte’s defense counsel argued that the medical consent form allegedly authorizing the disclosure of his health information was not properly obtained or documented. The filing also cast doubt on Duterte’s cognitive capacity, suggesting he could not provide fully informed consent for the release of sensitive medical data.
The central claim from Duterte’s legal team is that the report was shown to the defense only briefly before detention authorities retrieved it, and that no written consent authorizing its release was ever provided. Counsel Nicholas Kaufman contended that Duterte felt “intimidated” when officials pressed for immediate surrender of the report, further underscoring concerns about consent procedures and the privacy of the former president’s health data.
The Defense’s Core Arguments
Kaufman asserted, “The validity of the so-called informed written consent allegedly received from Mr. Duterte is strenuously disputed,” emphasizing that the procedure surrounding the document is ethically questionable. He described Duterte as “suffering from cognitive impairment,” arguing that mental capacity is a prerequisite for making informed decisions about releasing personal health information. The defense claims the Registry’s handling of the consent issue is unprecedented and raises serious ethical questions about how medical data is shared in ICC processes.
The filing accused ICC officials of effectively working in concert with the Registry to submit the medical report despite unresolved concerns about Duterte’s mental capacity. According to Kaufman, nothing in the medical report pertains to Duterte’s fitness to stand trial, yet the consent dispute remains unresolved. The defense urged the Pre-Trial Chamber to compel the Registry to disclose all materials related to Duterte’s alleged written consent, including documents authorizing the transfer of the medical report to judges prior to Duterte’s initial court appearance in March 2025.
What the Court Record Shows So Far
During Duterte’s March 2025 appearance, Presiding Judge Iulia Antoanella Motoc stated that he had been medically examined and found “fully mentally aware and fit.” The defense’s latest filing adds to ongoing debates over Duterte’s health and mental fitness, a focal point as the ICC proceeds with pre-trial hearings tied to alleged crimes against humanity linked to the anti-drug campaign.
Separately, the ICC Registry has submitted a shortlist of medical experts to Pre-Trial Chamber I to help determine Duterte’s mental and cognitive fitness for trial. While the nominees’ identities were withheld for confidentiality, the Registry described them as specialists in psychiatry, psychology, and forensic medicine. The Chamber is expected to finalize the expert panel in the coming weeks, a process designed to ensure a fair assessment under ICC rules.
Implications and Next Steps
The upcoming expert evaluation will be pivotal in determining whether Duterte is medically fit to stand trial, a procedural requirement to guarantee due process. The dispute over consent procedures could also influence how the ICC and its Registry handle sensitive health information in future cases, potentially prompting clearer guidelines for patient consent, data transfer, and the role of defense objections in health-related evidence.
Duterte remains detained in the Netherlands after transfer to ICC custody earlier this year. He faces charges connected to thousands of killings during his administration’s anti-drug campaign, which he has consistently defended as lawful and necessary. The focus on medical consent and mental fitness underscores broader questions about the fairness and integrity of the ICC’s pre-trial processes as the case advances toward potential trial phases.
