ICC prosecutors urge judges to keep Duterte in jail
Metro Manila, Philippines - Prosecutors at the International Criminal Court (ICC) have called on judges to reject former President Rodrigo Duterte’s appeal for interim release, arguing that freeing him would pose “serious and continuing risks” to the integrity of the proceedings.
In a 23-page filing dated Oct. 31, ICC prosecutors told the Appeals Chamber that Duterte’s detention remains justified under the Rome Statute, saying the Pre-Trial Chamber had correctly ruled that his release could allow him to abscond, obstruct witnesses, or commit related crimes.
“Mr. Duterte’s continued detention is justified,” prosecutors said. “The Pre-Trial Chamber correctly found that his release would create a concrete risk of absconding, obstructing or endangering the investigation and court proceedings, and committing related crimes.”
The filing stated that Duterte’s political influence and network of supporters make him capable of undermining justice if freed.
“Mr. Duterte’s political and familial connections, including the current position of his daughter as Vice-President, reinforce his ability to obstruct the Court’s work,” the submission stated.
Prosecutors cited recent public remarks by Vice President Sara Duterte, who in July 2025 reportedly talked about “breaking Mr. Duterte out of the ICC Detention Centre,” as evidence of continuing resistance to the court’s authority.
“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,” prosecutors added, quoting the Pre-Trial Chamber’s earlier findings.
They also dismissed claims by Duterte’s lawyers that his deteriorating health and cognitive condition warranted temporary release.
“The medical reports do not indicate how Mr. Duterte’s alleged physical condition or cognitive impairment negate the risks identified above,” prosecutors said. “His health, while relevant, does not outweigh the clear and ongoing risks of obstruction and non-appearance.”
Influence and defiance
The prosecution noted that Duterte’s long-standing defiance of the ICC, along with his family’s political standing in the Philippines, increases the risk that he could influence witnesses or mobilize supporters to obstruct proceedings.
“Allowing interim release would risk encouraging further efforts to obstruct justice, including through intimidation, misinformation, and political pressure,” the filing warned.
Prosecutors said no proposed conditions - such as electronic monitoring or travel limits - could adequately mitigate those dangers.
Duterte faces charges of crimes against humanity of murder for thousands of killings linked to his anti-drug campaign and his tenure as Davao City mayor. The government turned him over to the ICC in March after judges issued a warrant of arrest.
On Oct. 23, the Pre-Trial Chamber I denied Duterte’s request for interim release, saying the grounds for detention “remain fully met.” Judges found that Duterte remains a flight risk and could interfere with witnesses or commit related crimes if released.
“The Chamber finds that Mr. Duterte’s detention continues to remain necessary under Article 60(2) of the Statute,” the decision read.
The court also rejected defense arguments for humanitarian release, finding that the evidence “consists in mere extrapolation” and was “purely speculative and without basis.”
Duterte has been held at the ICC Detention Centre in The Hague, Netherlands, since his surrender. He has denied the allegations and described his arrest as “a pure and simple kidnapping.”
“The decision is reasonable and correct,” ICC prosecutors said in their latest filing, urging judges to affirm his detention “in the interests of justice, witness protection, and the integrity of the proceedings.”
