Duterte Defense Questions Validity of Medical Consent in ICC Proceedings
The defense team for former Philippine president Rodrigo Duterte has challenged the legitimacy of a medical consent form reportedly signed on his behalf, arguing that his personal health information was disclosed without proper authorization and that questions remain about his mental capacity at the time of consent. In a public redacted filing dated October 9, 2025, defense counsel Nicholas Kaufman contends that Duterte’s medical report was shown only briefly to the defense before being retrieved by detention authorities, with no written consent provided to authorize its release.
Claims of Inadequate Consent and Cognitive Impairment
Kaufman asserts that the validity of the so-called informed written consent “is strenuously disputed,” and he goes further to claim that Duterte is “suffering from cognitive impairment,” which would render him incapable of providing fully informed consent. The defense describes the Registry’s handling of the matter as “unprecedented and ethically questionable,” alleging a lack of transparency and proper authorization in the management of sensitive health data.
In their filing, Duterte’s lawyers accuse ICC officials of disregarding defense objections and acting “hand-in-glove” with the Registry to submit the medical report despite unresolved concerns over Duterte’s mental capacity. The document stresses that the health information contained in the report has no direct bearing on Duterte’s “fitness to stand trial,” but argues that the consent issue remains unresolved and significant for due process.
Kaufman urged the ICC Pre-Trial Chamber to compel the Registry to disclose all documentation related to Duterte’s alleged written consent. This includes any materials authorizing the transfer of the medical report to judges prior to Duterte’s initial court appearance in March 2025, a session during which Presiding Judge Iulia Antoanella Motoc stated that Duterte had been medically examined and found to be “fully mentally aware and fit.”
Impact on the Pre-Trial Process
The latest filing adds to ongoing questions surrounding Duterte’s health and cognitive capacity as the ICC proceeds with pre-trial hearings on alleged crimes against humanity tied to his controversial anti-drug campaign. While the Registry seeks to appoint medical experts to help determine Duterte’s mental and cognitive fitness, the defense’s challenge to the authenticity of the consent form injects a potential procedural complication into the proceedings.
ICC Registry officials have submitted a shortlist of medical experts to Pre-Trial Chamber I to assist in evaluating Duterte’s capacity. Although the nominees’ identities are withheld for confidentiality, the Registry notes that the proposed specialists bring qualifications in psychiatry, psychology, and forensic medicine. The Pre-Trial Chamber is expected to review the panel composition in the coming weeks, a process that will influence not only the fairness of proceedings but also the overall trajectory of the case.
Background and Current Status
Duterte has been detained in the Netherlands after being transferred to ICC custody earlier this year. He faces charges connected to thousands of killings during a nationwide anti-drug campaign, which his supporters characterize as a legitimate law enforcement effort. Duterte and his legal team have consistently denied wrongdoing, maintaining that the actions occurred within the scope of official policy.
The determination of whether Duterte is medically fit to stand trial is a key procedural requirement under ICC rules designed to ensure fairness and due process. The case continues to hinge on complex intersections of health, cognition, and legal procedure, with both sides preparing for upcoming hearings and potential rulings on the admissibility and relevance of medical evidence.
What Comes Next
Observers will be watching how the Pre-Trial Chamber responds to the defense’s requests for full disclosure and whether the Registry can provide a transparent account of the consent process. The panel of medical experts will also play a critical role in shaping the court’s assessment of Duterte’s fitness to participate in trial, potentially affecting the timing and conduct of future proceedings.
