Former Philippine President Rodrigo Duterte is reportedly suffering from severe memory loss that prevents him from participating in his legal defense before the International Criminal Court (ICC). His lawyer, Nicholas Kaufman, has asked the tribunal to adjourn all proceedings against the former leader indefinitely.
In a redacted version of the “Defence Request for an Indefinite Adjournment,” released by the ICC on September 11, Kaufman explained that Duterte could no longer apply the cognitive skills necessary for a fair trial. “He is not even able to process the reasons for his detention,” the lawyer stated.
According to Kaufman, Duterte’s condition has drastically affected his ability to understand the nature of the charges against him. The ICC is currently investigating allegations of crimes against humanity committed during his controversial “war on drugs.”
The defense team noted that Duterte’s deteriorating memory prevents him from recalling events, places, or timelines critical to the case. Kaufman added that the former president struggles to recognize even close family members and members of his legal team. This, he argued, makes Duterte incapable of contributing meaningfully to his defense.
“His deficient memory also entails an inability to follow the litigation and to make informed decisions. Consequently, and crucially, Mr. Duterte is unable to contribute to his own defence, rendering his participation in the proceedings totally ineffective,” Kaufman wrote.
The ICC had scheduled a hearing on September 23 to confirm charges against Duterte. However, the tribunal has since postponed the session in light of the defense’s request, acknowledging that Duterte’s medical condition could undermine the fairness of the process.
Legal experts point out that international courts allow for adjournments if the accused is deemed unfit to stand trial. However, indefinite suspension of proceedings is rare and often sparks debate on accountability versus humanitarian considerations.
Human rights groups have long pushed for Duterte to be held accountable for thousands of deaths linked to his anti-drug campaign. The new revelations about his health may further complicate the path toward justice, raising questions about whether victims and their families will ever see closure.
For now, the ICC has not announced when or if hearings will resume, leaving the future of the high-profile case uncertain.