Metro Manila, Philippines – Lawyers for former Philippine President Rodrigo Duterte have asked the International Criminal Court (ICC) to disqualify two doctors assigned to determine whether the ex-chief executive is mentally fit to stand trial, arguing that one faces a professional suspension, while another made “offensive” online remarks.
In separate filings made public this week, Duterte’s defense team sought to remove two neuropsychologists appointed by the ICC’s Pre-Trial Chamber I, which is handling the former leader’s case for alleged crimes against humanity tied to the thousands of killings during his anti-drug campaign.
The filings show a protracted dispute between Duterte’s lawyers and the court over the experts chosen to assess his condition, which has already delayed proceedings on the confirmation of charges.
According to court records, the first doctor–a female neuropsychologist–was suspended by a professional regulatory body in her home country. The defense said the suspension, which has been upheld multiple times, raised “serious concerns” about her integrity and suitability to serve as a court expert. She was also accused of failing to disclose her suspension when she agreed to take part in the ICC evaluation.
“An expert suspended by a domestic regulatory board, and who displays such open contempt for judicial proceedings, should not be allowed to remain on the Registry’s List of Experts,” the defense wrote in its September 25 motion.
The ICC Registry later confirmed that it had verified the doctor’s disciplinary record and, on Oct. 17, the Pre-Trial Chamber revoked her appointment.
But the defense quickly filed another motion on Oct. 20 to disqualify her replacement, a male neuropsychologist, alleging that his past social media posts were “sickeningly offensive” and that he lacked sufficient professional experience. Duterte’s team argued that the comments were “inconsistent with the values of this court—integrity, professionalism and impartiality.”
The court provisionally suspended the replacement doctor’s appointment and asked the Registry to review the matter. In a Nov. 12 filing, the Registry detailed how it had handled the vetting process and confirmed that both experts had been removed or suspended pending review.
Duterte’s lawyers, led by Nicholas Kaufman, have repeatedly challenged the court’s jurisdiction and sought to delay the case, claiming the 80-year-old former president is cognitively impaired and unfit to stand trial. The Pre-Trial Chamber has yet to rule on his medical fitness but has rejected calls to suspend proceedings or grant Duterte interim release.
The ICC’s ongoing probe concerns Duterte’s bloody “war on drugs,” in which thousands of people were killed between 2016 and 2019. Prosecutors have charged him with three counts of murder as crimes against humanity.
The proceedings remain on hold while the court finalizes the medical panel that will examine Duterte’s condition.
