Home / Duterte at ICC / Victims’ counsel says Duterte should remain detained; defense won’t oppose custody pending appeal

Victims’ counsel says Duterte should remain detained; defense won’t oppose custody pending appeal

Paolina Massidda, principal counsel of the Office of the Public Counsel for Victims, during the oral submissions before the ICC judges

The Hague, Netherlands – A lawyer representing victims at the International Criminal Court said former President Rodrigo Duterte should remain in detention, citing security concerns and the risk he could flee while key rulings are pending.

“We have always argued that for the victims it’s important that Mr. Duterte remains in detention,” Paolina Massidda, principal counsel for victims, said in an interview with NewsWatch Plus following the court’s annual detention review hearing.

Massidda said victims still living in the Philippines fear for their safety and worry about the integrity of proceedings if Duterte were released. 

“Victims really fear for their security but also the possibility that he could flee,” she said, adding that the accused must be present for trial before the ICC

“He has a lot of supporters, he has money, and so these are means that can be used by Mr. Duterte to avoid justice,” she added. 

During the same hearing, defense lawyer Nicholas Kaufman said the defense would not oppose Duterte’s continued detention while awaiting a ruling from the ICC Appeals Chamber on an earlier decision denying his release.

“Since we are still awaiting a judgment of the Appeals Chamber, the defense will not oppose the continuation of Mr. Duterte’s current detention,” Kaufman told judges.

The detention review was held as required under the Rome Statute, which mandates periodic assessments of whether continued custody is justified. 

Judges are also expected to decide within 60 days whether to confirm crimes against humanity charges against Duterte, who has been in ICC custody since March 2025 after being surrendered to the court in connection with killings linked to his administration’s war on drugs.

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