ICC Keeps Duterte Detained After First In-Person Hearing, as His Own Demeanor Undercuts His Lawyers' Mental Fitness Claim

September 17, 2026
3 min read

Judges at The Hague ordered the former president to remain in custody ahead of trial, after Malacañang said he appeared to be in good health at his first in-person appearance — an observation that cuts against his own defense team's argument that he cannot understand the proceedings against him.

Rodrigo Duterte appeared in person before International Criminal Court judges for the first time on Sept. 16, more than a year after his March 2025 arrest, and the panel ruled he will remain in detention in The Hague as his trial approaches, according to a Philstar.com report citing Malacañang. Every prior appearance since his arrest had been by teleconference.

The Sept. 16 session was a preparatory status hearing, one of the procedural steps ahead of trial on three counts of crimes against humanity tied to 76 alleged murders committed during his campaign against illegal drugs. Malacañang Press Officer Claire Castro told reporters afterward that the former president appeared to be in good condition — "nakita naman po natin na maganda naman po ang kalagayan ng ating dating pangulo," she said, according to Philstar.com, which translates roughly to "we saw that the condition of our former president is good."

That assessment matters because it sits awkwardly next to the defense's own case. Duterte's lawyers have separately argued that his deteriorating mental health leaves him unfit to participate in his trial and unable to retain information presented to him — a claim the Palace's own read of his in-person demeanor does little to support. Malacañang's characterization also indicated Duterte himself appeared to accept that the proceedings would continue, a signal at odds with a defense strategy built around his incapacity to do exactly that.

The judges' order keeping him in detention leaves unresolved, at least in public reporting so far, the panel's full written reasoning on the fitness dispute — a question with real stakes, since a finding of incapacity could delay or reshape the case entirely. It is also unclear whether the defense intends to appeal the detention ruling or press the fitness argument further at the next hearing. Neither the defense team nor Duterte's family had issued a public statement as of this report.

Duterte has been held at the ICC's detention center since Philippine authorities executed the tribunal's arrest warrant against him in March 2025 — a warrant the Marcos administration, despite the Philippines' 2019 withdrawal from the Rome Statute, chose to enforce. That decision has been a running source of friction between the Duterte and Marcos political camps, playing out simultaneously with the impeachment trial of Vice President Sara Duterte in the Senate.

Context: Pulpulitiko has tracked the case since the ICC opened confirmation-of-charges proceedings in February 2026 and, in May, set a trial date of Nov. 30, 2026 — a hearing at which Duterte, then appearing by video, waived his right to attend in person. The Sept. 16 hearing marks the first time he has appeared physically before the court since his arrest 18 months ago. The underlying charges concern the thousands of deaths attributed to his drug war as Davao mayor and later as president, a campaign the ICC's Office of the Prosecutor has argued amounted to a widespread and systematic attack on civilians.

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