ICC rejects Duterte’s bid for interim release

Metro Manila, Philippines - The International Criminal Court has denied former Philippine President Rodrigo Duterte’s request for interim release, and stated that his detention is necessary to ensure he appears at trial and does not obstruct or endanger the proceedings.

In a 23-page ruling, the ICC Pre-Trial Chamber I said the grounds for detention under the Rome Statute, or the international treaty that created the court, remain fully met.

The judges said Duterte is a flight risk, could interfere with witnesses, and might commit related crimes if released.

“The Chamber finds that Mr. Duterte’s detention continues to remain necessary under Article 60(2) of the Statute based on each of the requirements set by Article 58(1) of the Statute,” the panel wrote.

Humanitarian claims

Duterte’s lawyers argued that his health and cognitive condition warranted release on humanitarian grounds. They said medical reports proved he was unfit to flee or reoffend and urged the court to follow past cases where temporary release was granted for humanitarian reasons.

But the judges said the evidence failed to prove his condition outweighed the risks.

“The medical reports do not indicate how Mr. Duterte’s alleged physical condition or cognitive impairment negate the risks identified above,” the decision stated. “These arguments consist in mere extrapolation … and as such, are purely speculative and without basis.”

The chamber concluded that while ill health “may be a factor” in evaluating release, it did not justify relaxing detention.

Duterte influence

The ruling noted the political influence of Duterte’s daughter, Vice President Sara Duterte, as a factor reinforcing the risk of flight.

Judges noted she had publicly questioned her father’s arrest, and in July 2025 spoke about “breaking Mr. Duterte out of the ICC Detention Centre.”

“Mr. Duterte’s position as former President of the Philippines, and the fact that his daughter currently holds the office of Vice-President, may help him abscond,” the decision said.

The chamber added that the Duterte family’s political power and continued rejection of the ICC authority “illustrate his support network and ability to evade justice.”

Duterte faces charges of crimes against humanity of murder tied to thousands of killings during his “war on drugs” campaign and his tenure as Davao City mayor. He was surrendered to the ICC in March 2025 after a warrant of arrest was issued.

“Mr. Duterte has, from his initial appearance, contested his arrest and detention, qualifying it as ‘a pure and simple kidnapping,’” the decision said.

The court concluded that none of the defense’s proposed conditions could mitigate the identified risks.

“The proposed conditions are not sufficient to mitigate the risks enumerated… in relation to Mr. Duterte’s interim release,” the Chamber wrote.

Duterte will remain in ICC custody in The Hague, Netherlands pending further proceedings on the confirmation of charges.