THE International Criminal Court (ICC) has rejected a request from the defense of former president Rodrigo Duterte for a new expert report on his cognitive state, while victims’ counsel urged the court to maintain his detention pending trial. In a decision issued on Jan. 7, Pre-Trial Chamber I ruled that the court-appointed medical panel had already fulfilled its mandate and that no additional assessment was necessary. Duterte, who was surrendered to the ICC on March 12, 2025, remains in detention in The Hague, and is awaiting trial for crimes against humanity in relation to his bloody war on drugs. The defense had filed an urgent motion on Dec. 19, 2025, requesting that the existing medical panel produce a report specifically evaluating whether Duterte’s current “cognitive state” could enable him to flee, intimidate witnesses or commit crimes if released — key considerations under Article 58(1)(b) of the Rome Statute. The defense also sought a hearing to review his detention. Both the Office of the Prosecutor and the Office of Public Counsel for Victims (OPCV) opposed the motion. The prosecution described the requested evidence as “unnecessary,” while victims’ counsel argued it “lacks legal basis” and would cause “unjustified delay.” Pre-Trial Chamber I agreed with these objections, noting that three independent experts had already submitted joint and individual reports on Duterte’s health on Dec. 5, 2025, following a prior court order. “The chamber sees no reason to order the panel to prepare any additional report that exceeds its mandate,” the judges said, adding that determining whether the risks justifying detention persist is a legal decision for the court, not a medical assessment. The chamber denied the request for a new expert report in full but deferred a decision on the defense’s request for a detention review hearing, stating that a schedule would be established “in due course.” Written observations from the defense are due by Jan. 9. Meanwhile, the OPCV urged the ICC to maintain Duterte’s detention. In its filing, the victims’ legal representative argued that there is no justification for releasing the former president, emphasizing that the legal grounds for his initial arrest and ongoing detention remain fully applicable. The submission stressed that Duterte continues to face serious charges before the Court in connection with alleged crimes committed during his tenure in the Philippines, and that the risks identified at the time of his surrender — particularly the possibility of flight, witness intimidation or interference with judicial proceedings — have not diminished. The filing is part of a mandatory periodic review of detention conditions under ICC rules, which requires the Court to reassess the necessity of detention at least every 120 days. The OPCV said such reviews are not merely procedural, but are critical to safeguarding the rights of victims and ensuring the integrity of the trial process. In its arguments, the victims’ counsel noted that affected communities continue to express deep concern about their personal safety and the potential for reprisals, stressing that early release could undermine confidence in the court’s ability to protect those involved in the proceedings. Duterte’s defense is required to submit its observations and any reply to the OPCV filing by Jan. 9. The Pre-Trial Chamber will then determine whether to continue, modify or terminate the detention order.