Duterte defense expects ICC ruling on interim release within weeks

Metro Manila, Philippines - Lawyers for former Philippine President Rodrigo Duterte said Tuesday they expect the International Criminal Court (ICC) to rule on his request for interim release within the next two weeks.

Duterte has been detained in The Hague since March after the ICC issued a warrant for alleged crimes against humanity tied to thousands of killings during his administration’s bloody war on drugs.

In an interview with pro-Duterte page ‘Alvin and Tourism,’ Nicholas Kaufman, Duterte’s lead counsel, said ICC practice requires the Pre-Trial Chamber to act swiftly on motions for provisional liberty.

“It’s customary that the chambers rule on such requests as quickly as possible,” Kaufman said. “So we anticipate within a week or two, we should have a decision.”

Jurisdictional challenge

Kaufman also addressed Duterte’s long-standing motion challenging the ICC jurisdiction. He noted that under court rules, judges may decide the issue at any stage of the proceedings — even up to the end of the confirmation of charges hearing on Sept. 23.

“The Chamber can decide on jurisdiction at any stage, even up until the end of the confirmation of charges hearing,” Kaufman said. “We believe that it should be decided earlier, but we’re still awaiting a decision on that particular matter.”

The defense said the Philippines’ withdrawal from the ICC in 2019 should preclude prosecution, while the court has ruled that crimes allegedly committed while the country was a member remain under its authority.

Next Steps

On Sept. 23, the ICC will open the confirmation of charges hearing, where prosecutors must convince judges there are substantial grounds to move Duterte’s case to trial. If confirmed, the trial phase would follow, where evidence and witness testimony would be tested in court.

Kaufman said his team is preparing for a “very strong rebuttal” of prosecution evidence, but declined to reveal details.

“We hope that the former president will be released. We believe he should be released, and we hope that it will happen,” Kaufman said.