Judges to decide on Duterte’s release - ICC spokesperson

Metro Manila, Philippines – Former President Rodrigo Duterte’s release can only be ordered by International Criminal Court (ICC) judges, the court spokesperson said in response to petitions before the Supreme Court questioning the constitutionality of his arrest.

“I will not be able to comment on national justice mechanisms. That is for the Philippines to decide - whether certain things can be declared in a particular way or not. For the ICC, the release of a suspect can only be ordered by its judges. Any request for release must be submitted to them, and they will assess the reasons presented before making a decision,” ICC spokesperson Fadi El Abdallah said in an interview on The Newsmaker on NewsWatch Plus on Monday, March 24.

On the possibility of an interim release for Duterte, El Abdallah explained that specific conditions must be met.

“It must be presented to the judges, who will determine if it is possible. In theory, an arrest is only warranted if necessary to ensure the suspect appears before the chamber, does not interfere with investigations, or does not threaten witnesses,” he said.

“The chamber must assess whether these conditions can be mitigated through alternative measures. If a state agrees to implement and enforce these conditions, the judges may consider an interim release. However, if the judges find that the conditions are not met, they can deny the defense’s request,” El Abdallah added.