ICC Rejects Release Bid From Ex-Philippines President Duterte

 

An International Criminal Court (ICC) pre-trial panel rejected a request by former Philippine President Rodrigo Duterte for interim release on October 10, 2025. The judges ruled that his detention remains necessary, citing concerns that he is a flight risk and could interfere with the legal process.

ICC judges ruled that Duterte posed a flight risk and could be in a position to influence witnesses if freed, arguing that this outweighed any medical problems suffered by the 80-year-old.

“The Chamber finds that Mr. Duterte’s detention continues to remain necessary,” the ICC said in a heavily redacted ruling dated October 10.

ICC prosecutors have charged Duterte with three counts of crimes against humanity, alleging his involvement in at least 76 murders as part of his “war on drugs.”

The first count concerns his alleged involvement as a co-perpetrator in 19 murders carried out between 2013 and 2016 while Duterte was mayor of Davao City.

The second count relates to 14 murders of so-called “high-value targets” in 2016 and 2017 when Duterte was president.

And the third charge is about 43 murders committed during “clearance” operations of lower-level alleged drug users or pushers.

These took place across the Philippines between 2016 and 2018, the prosecution alleged.

Duterte was arrested in Manila on March 11, flown to the Netherlands that same night, and has been held at the ICC’s detention unit at Scheveningen Prison since.

He followed his initial hearing by video link, appearing dazed and frail and barely speaking.

His lawyer, Nicholas Kaufman, has said Duterte is not able to stand trial “as a result of cognitive impairment in multiple domains.”

Kaufman has urged the ICC to postpone proceedings against Duterte indefinitely

“An appeal was filed a week ago,” he added.

When considering the request for interim release, judges looked at whether he was a flight risk, whether he could hinder the case if freed, and his medical condition.

The ICC found he “continues to pose a flight risk, and detention is necessary to ensure his presence during the pre-trial proceedings and possible trial”.

Judges pointed to Duterte’s “necessary political contacts” and “a network of support”, including his daughter Sara Duterte, currently vice-president of the Philippines.

This network “may help him abscond”, judges said.

The ICC also found there was a risk that Duterte and his network “would pose a threat to (potential) witnesses, either directly or indirectly through his supporters”.

Finally, the judges said that medical reports provided by the defence, which they say show Duterte suffers from cognitive decline, were insufficient to allow his release.

“The Chamber considers that the… documents do not indicate how Mr Duterte’s alleged physical condition or cognitive impairment negate the risks identified above,” the ICC said.

However, judges stressed that this assessment related only to the issue of interim release, not to the determination of whether he was fit to stand trial.

The ruling “is without prejudice to any further determination and decision on the separate matter of Mr Duterte’s fitness to participate in the present proceedings and the confirmation of charges hearing”, the document said.

Philippine authorities turned Duterte over to the ICC in March 2025, and he has been held at the ICC's detention center in The Hague since then.

A confirmation of charges hearing, where lawyers argue if there is sufficient evidence for a trial, has been postponed indefinitely while the court addresses the matter of Duterte's fitness to stand trial.