MANILA, Philippines — Rodrigo Duterte’s lead counsel has urged that the former president be allowed to return home to face any judicial process “with dignity,” citing his deteriorating health, after the International Criminal Court (ICC) postponed the start of his confirmation of charges hearing.

In a statement issued on Tuesday, defense lawyer Nicholas Kaufman said Duterte has been struggling with a “progressively deteriorating medical situation” since his “precipitous and traumatic rendition” to The Hague, impairing his ability to absorb evidence and instruct his lawyers. He stressed that the plea for postponement was backed by leading medical experts, including one not selected by the defense.

“Out of respect for the former President’s legacy, the Defense would not raise such a plea were it not supported by leading medical experts,” Kaufman said. He added that Duterte’s age and the conditions of detention had “taken their toll” despite the former leader remaining in good spirits.

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Kaufman criticized the Philippine government for “outsourcing its obligation” to provide Duterte a fair trial in his home country, saying it should now “let him return home to face whatever judicial process necessary, if at all, with dignity.”

The statement came after ICC Pre-Trial Chamber I—composed of Presiding Judge Iulia Antonnella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge María del Socorro Flores Liera—ruled by majority to vacate the September 23 hearing date. The Chamber said the adjournment would last only as long as strictly necessary to resolve whether Duterte is fit to stand trial.

The Prosecution and the Office of Public Counsel for Victims had opposed an indefinite delay but accepted a short postponement. The Chamber nevertheless ordered the Prosecution to file redacted versions of the Document Containing the Charges and the Pre-Confirmation Brief by Sept. 22.

Duterte lawyer cites failing health, urges return to Philippines after ICC postpones hearing

Judge Flores Liera dissented, arguing that the Defense request should have been rejected outright and that fitness-to-stand-trial issues fall under the Trial Chamber’s jurisdiction. She warned that the majority’s ruling misapplied the Rome Statute and risked “unnecessary delay.”