The International Criminal Court judges have determined that former Philippine leader Rodrigo Duterte is fit to face trial following a prior delay due to health concerns. Duterte is accused of crimes against humanity for his alleged role in numerous killings linked to his anti-drug campaign during his tenures as a city mayor and later as president.

Legal representatives for the 80-year-old contended that Duterte’s health was fragile and worsening while in the court’s custody. Initially scheduled for September, Duterte’s court appearance in The Hague was postponed to allow for an assessment of his fitness to participate in the legal proceedings.

After a review by a team of medical specialists, the judges concluded that Duterte is capable of exercising his legal rights and is deemed fit to engage in the pre-trial process. The new hearing date has been set for Feb. 23.

The expert panel involved specialists in geriatric neurology and psychiatry. Duterte underwent cognitive assessments, as well as mental and physical examinations, according to court records.

Duterte’s chief attorney, Nick Kaufman, expressed disappointment with the decision and indicated plans to file an appeal. Kaufman criticized the court for not allowing their medical evidence to be presented and for the inability to challenge the findings of the judges’ appointed professionals in court.

Human rights organizations and victims’ families welcomed Duterte’s arrest in March. Groups advocating for the families of individuals affected by Duterte’s campaign praised the court’s ruling as a significant step towards justice and accountability.

“The decision by the ICC reaffirms a fundamental truth: Nobody, not even a former head of state, is exempt from the law,” stated a joint release from SENTRO, a labor rights group, and the Coalition Against Trafficking in Women – Asia Pacific.

Prosecutors at the ICC alleged that Duterte sanctioned and directed violent actions, including murder, against suspected criminals, including drug offenders. The preliminary investigation into Duterte’s anti-drug campaign commenced in February 2018, focusing on his time as mayor of Davao and later as president.

In an apparent move to evade accountability, Duterte, during his presidency, announced the Philippines’ withdrawal from the court, a decision that critics argue was intended to avoid legal repercussions. However, the court dismissed a plea from Duterte’s legal team to dismiss the case on the basis of lack of jurisdiction due to the country’s withdrawal from the Rome Statute, stating that nations cannot misuse their right to withdraw to shield individuals from justice for alleged crimes already under examination.

Estimates of the death toll during Duterte’s presidency vary, with figures ranging from over 6,000 reported by national police to as high as 30,000 claimed by human rights organizations.