ICC Judges to Rule on Provisional Release of Former Philippine President Rodrigo Duterte

Former Philippine President Rodrigo Duterte could be released from International Criminal Court detention as early as Friday, when appeals judges are expected to decide whether he should remain in custody while his crimes-against-humanity proceedings continue.

Duterte’s lawyers are challenging an October ruling that ordered the 80-year-old held in detention after judges concluded he was likely to evade trial and could intimidate witnesses if freed.

ICC prosecutors accuse Duterte of involvement in dozens of killings tied to his long-running “war on drugs,” spanning his tenure as mayor of Davao City and later as president. Court filings say he instructed and authorized “violent acts including murder” against alleged drug dealers and users.

Death-toll estimates vary widely: national police report more than 6,000 fatalities, while rights groups say the figure could be as high as 30,000. Families of victims welcomed Duterte’s arrest in March.

The defense says Duterte is “infirm and debilitated” and that continued detention is “cruel.” A pretrial hearing set for September was postponed for a full medical assessment after defense lawyers said his “cognitive faculties” had deteriorated to the point that he can no longer adequately assist them.

If released, Duterte would not return to the Philippines; he would instead be transferred to the custody of another ICC member state during the proceedings.

Last month, judges rejected a defense challenge to the court’s jurisdiction. Prosecutors first opened a preliminary inquiry in February 2018, and Duterte withdrew the Philippines from the Rome Statute a month later—an act rights advocates say was aimed at avoiding accountability.
The charges cover alleged crimes committed from Nov. 1, 2011, through March 16, 2019, when the withdrawal formally took effect.

In their October ruling, judges stressed that states cannot “abuse” their right to withdraw from the Rome Statute “by shielding persons from justice in relation to alleged crimes already under consideration.” Duterte’s team has appealed that conclusion as well.

The Duterte administration previously argued that the ICC lacked jurisdiction because Philippine authorities were already investigating the killings. Appeals judges dismissed those claims, clearing the way in 2023 for the ICC investigation to resume.