The image of Rodrigo Duterte sitting in a Dutch detention cell is one that many Filipinos, whether they love him or loathe him, never actually thought they’d see. But here we are. It’s early 2026, and the legal drama surrounding the former president has reached a fever pitch at The Hague. Honestly, if you’ve been following the latest news of Rodrigo Duterte, the updates coming out of the International Criminal Court (ICC) feel more like a high-stakes medical thriller than a standard legal proceeding.
Right now, the big question isn’t just about what he did during the "War on Drugs." It’s about whether the 80-year-old is mentally and physically capable of answering for it.
The Battle of the Doctors: Cognitive Health at The Hague
Just this week, things got heated. On January 12, 2026, the ICC's Pre-Trial Chamber I flat-out rejected a bid from Duterte’s legal team to appeal a decision regarding his medical records. His lawyer, Nicholas Kaufman, has been pushing hard for "interim release"—basically asking the court to let Duterte go home or stay in a third country while the trial waits.
Kaufman’s argument? He says Duterte’s health is tanking. The defense team submitted a 12-page filing on January 9 claiming that the former president "lacks executive functioning" and "sustained planning capacity." Basically, they’re saying he’s too frail and cognitively impaired to be a flight risk or a threat to anyone.
"Due process requires that the issues engaged by Mr. Duterte’s current neurological and cognitive condition be forensically examined," Kaufman argued.
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But the ICC isn’t buying it yet. A panel of court-appointed experts—including a forensic psychiatrist and a geriatric neurologist—actually ruled that while he’s definitely "frail and elderly," he still understands the charges. The prosecution even went a step further, suggesting that the "deterioration" of his health is just natural aging and that some of the cognitive issues might even be... well, "feigned" to avoid trial. That's a heavy accusation.
The Mayoral Win from a Jail Cell
Here is the part that sounds like a movie script: Rodrigo Duterte is currently the Mayor-elect of Davao City.
In the May 2025 midterms, despite being locked up in the Scheveningen prison complex in the Netherlands, Duterte won the mayoralty with over 65% of the vote. It's a surreal situation. Since he obviously can’t be at City Hall to sign documents or cut ribbons, his son, Sebastian "Baste" Duterte, has been holding down the fort as the acting authority.
This win was a massive signal. It showed that the Duterte dynasty’s grip on Davao hasn't slipped an inch, even with the patriarch behind bars. For his supporters, the win was a middle finger to the ICC and the Marcos administration. For his critics, it’s a sign of how deeply entrenched "Dutertismo" remains in the southern Philippines.
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A Public Call for "Inside" Witnesses
Just hours ago, on January 16, 2026, the ICC prosecution ramped up the pressure. They launched a specific "witness appeal" microsite. They aren't just looking for victims; they are looking for insiders.
The Office of the Prosecutor is specifically calling on:
- Active duty or former Philippine National Police (PNP) officers.
- Members of the Philippine Drug Enforcement Agency (PDEA).
- Anyone involved in the "Davao Death Squad" operations between 2011 and 2019.
This is a tactical move. The prosecution already has over 5,000 pieces of documentary evidence, but they want the "smoking gun" testimony from the people who were actually in the room when the orders were given. Kaufman, Duterte’s lawyer, slammed this move, calling it a violation of the court's neutrality. He basically said the ICC shouldn't be using its official website to run a "wanted" ad for witnesses.
The Sara Duterte Factor: Impeachment and 2028
You can't talk about the latest news of Rodrigo Duterte without talking about his daughter, Vice President Sara Duterte. Her relationship with President Bongbong Marcos has completely imploded.
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In late 2025, Sara was visiting supporters outside the ICC detention center in The Hague, fueling rumors that she is positioning herself for a 2028 presidential run. But she’s got her own problems. There’s a looming impeachment trial in the Senate regarding the alleged misuse of confidential funds.
The ICC has actually used Sara’s public statements against her father. They argued that because the Duterte family and their allies (like Councilor "Girlie" Balaba) keep calling the arrest a "kidnapping," it proves that Duterte is a flight risk who doesn't recognize the court’s authority. Essentially, every time Sara defends him, she might be making it harder for him to get out on bail.
What Happens Next?
The timeline for the next few months is pretty set, but also very volatile.
- Periodic Review: The ICC is required to review Duterte's detention every 120 days. The next review is coming up soon, and the defense will likely use the "neurological condition" argument again.
- Confirmation of Charges: This is the big hurdle. Before a full trial starts, the court has to "confirm" the charges (three counts of murder as a crime against humanity). This was supposed to happen late last year but got pushed back due to health debates.
- The 2026 Budget Battle: Back in Manila, the 2026 budget hearings will likely be used as a battlefield between the Marcos-led House and the remaining Duterte allies in the Senate.
Insights for the Road Ahead
If you’re trying to make sense of this, here’s the bottom line: The "Duterte vs. The World" saga isn't ending anytime soon.
- Watch the Medical Reports: The specific phrasing "executive functioning" is key. If a future independent report finds he has genuine dementia, the trial could be suspended indefinitely.
- Check the PNP's Pulse: Keep an eye on any high-ranking police officials who might "flip." The ICC's new witness portal is a direct invitation for them to seek protection in exchange for testimony.
- Follow the Money: The impeachment proceedings against Sara Duterte will determine if the "Duterte 2028" comeback is a real possibility or a dying dream.
The legal machinery at The Hague moves slowly, but it's moving. Whether you think Duterte is a hero who cleaned up the streets or a criminal who bypassed the law, the 2026 proceedings are going to be the final word on his legacy. Keep your eyes on the filings from Pre-Trial Chamber I—that's where the real war is being fought now.