Metro Manila, Philippines – The prosecution and the legal representatives for drug war victims have urged the International Criminal Court (ICC) for the continued detention of former President Rodrigo Duterte, who is facing crimes against humanity charges.
The ICC Pre-Trial Chamber I held its annual review for Duterte’s detention on Friday, Feb. 27, right after the conclusion of the week-long confirmation of charges hearing.
Duterte has been at the ICC detention center in Scheveningen in The Hague, Netherlands since March 2025.
ICC senior trial lawyer Julian Nicholls said the contents of Duterte’s waiver for the charges hearing does not sound “as though those are the words of a person who would return voluntarily to the court.”
Contained on the waiver was Duterte’s letter stating he does not recognize the ICC jurisdiction, that he was forcibly pushed into a jet bound for the Netherlands, and described his arrest as “kidnapping.”
Nicholls recalled the assertion of Duterte’s lead counsel, Nicholas Kaufman, that the former president would follow the proceedings through a video link if he was granted interim release.
Duterte, however, also skipped the annual detention review hearing. Nicholls said the former leader would show the “same disrespect” even if he was granted the temporary release.
Meanwhile, the victims’ counsel argued that over 160,000 Duterte supporters submitted a letter to the Supreme Court urging the magistrates to immediately rule on the habeas corpus petitions for the former president.
Duterte and Sen. Ronald “Bato” dela Rosa, as well as the children of the former president, filed the petitions seeking to declare the arrest unconstitutional.
“This show of support proves the stark reality that if Mr. Duterte is released from detention, there is a huge risk that his supporters will find ways and means to facilitate his surreptitious return to the Philippines in order to free him from this court’s jurisdiction,” Filipino lawyer Joel Butuyan said.
“The current procedural posture heightens the risk of non-appearance as the proceedings advance, the suspect’s incentive to flee increases,” Butuyan said. “The end of the confirmation of charges hearing which occurred today, further intensifies that risk as it brings the prospects of trial nearer on the horizon.”
He said victims expressed “genuine fears” for their safety and that of their families should Duterte be released, arguing that the ICC must ensure the proceedings’ integrity and the protection of victims and witnesses.
Kaufman said the defense will not oppose the continuation of Duterte’s detention as its appeal on the Pre-Trial Chamber I’s decision on the first detention review is still pending with the ICC Appeals Chamber.
The defense is alleging that Duterte has significant cognitive impairment.
The ICC Appeals Chamber denied the interim release request last year.
Duterte faces three counts of murder and attempted murder in relation to the war on drugs during his Davao City mayoral term and his presidency.
