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ICC opens new review of Duterte detention, sets May 8 deadline

Metro Manila, Philippines – The International Criminal Court Trial Chamber III has directed parties to submit observations on the continued detention of former President Rodrigo Duterte by May 8, following the confirmation of charges against him.

In an order dated May 1, the chamber identified the parties as the Office of the Prosecutor, Duterte’s defense counsel, the legal representatives of the victims, and the Office of the Public Counsel for Victims.

“The chamber observes that, pursuant to the statutory framework, the Accused’s pre-trial detention shall be reviewed at least every 120 days,” the court said.

“In light of the developments following the annual hearing, the Chamber considers it necessary to give the parties and participants the opportunity to submit any observations they may have regarding the Accused’s continued detention or release, with or without conditions, including the existence of any changed circumstances,” it added.

The Trial Chamber III is set to hold a status conference on May 27 on the crimes against humanity charges linked to Duterte’s anti-drug campaign. Proceedings will be streamed on the ICC website with a 30-minute delay.

On April 23, the ICC confirmed three counts of crimes against humanity against the 81-year-old Duterte, including murder and attempted murder tied to operations in Davao City and nationwide anti-drug efforts during his presidency. 

Duterte’s legal team has sought permission to appeal the confirmation of charges, arguing that the pre-trial chamber adopted a “flexible approach” in defining the scope of the case and failed to provide a sufficient evidentiary basis.

Earlier rulings denied Duterte’s request for interim release in 2025, with the chamber ordering his continued detention in January 2026.

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