Former President Duterte Seeks Interim Release from ICC
Former president Rodrigo Duterte is urgently requesting interim release from the International Criminal Court (ICC). His legal team argues that the four-word keyphrase conditions for continued detention no longer apply. They emphasize that Duterte poses no flight risk, no threat to witnesses, and no danger to the integrity of the case.
In a public redacted motion submitted to ICC Pre-Trial Chamber I on June 12, Duterte’s lawyers contend he fails to meet the legal criteria under Article 58(1)(b) of the Rome Statute. They insist he should be freed from ICC custody as he awaits the confirmation of charges hearing scheduled for September 23.
“No real or concrete risk exists under Article 58(1)(b)(iii) that would justify Mr. Duterte’s continued pre-trial detention,” the 16-page filing states. It highlights his age, medical condition, and lack of political influence since leaving office in 2022. The filing adds, “He does not pose an objective risk of flight, nor is his arrest necessary to ensure the integrity of the investigations or to preclude the continued commission of crimes. He must, as a result, be immediately released from ICC custody.”
Prosecutor’s Office Does Not Object to Release
Duterte’s defense also noted that the ICC Office of the Prosecutor does not oppose his interim release, provided he is transferred to a cooperating State under strict conditions. Although the name of this State was redacted in the public filing, the defense confirmed that it has agreed to host Duterte, subject to necessary Court-imposed conditions.
“Chambers at the ICC and ad hoc tribunals have granted interim release when the Prosecutor does not oppose the request or when State guarantees are presented,” the motion explains. “[REDACTED] has affirmed its principled willingness to cooperate with the Court and to accept Mr. Duterte onto its territory for the duration of his interim release.”
Defense Highlights No Flight Risk or Obstruction
The defense team underlined Duterte’s advanced age of 80 and retirement from public life as strong reasons for his release. They argued he has no capacity to influence witnesses, flee jurisdiction, or obstruct justice.
According to the filing, Duterte has committed to stay within the host country, avoid all public communication, and abstain from using the internet or mobile devices if released. The document states, “He (Duterte) will refrain from public engagement, office, or communications with persons outside his family.” It also notes, “He has agreed to abstain from [the] use of the internet or any electronic devices, such as a mobile phone.”
Humanitarian Grounds Support Release Request
The motion further invoked humanitarian reasons, citing Duterte’s declining health, though specific details were redacted. The defense referenced past ICC and international tribunal cases where elderly or ailing detainees were provisionally released pending trial.
These humanitarian grounds, coupled with the cooperating State’s guarantees, strengthen the argument for Duterte’s immediate and reasonable release.
Urgency and Legal Basis Emphasized
The defense asked ICC judges to shorten standard response deadlines due to the urgent liberty interests at stake. They stressed that pre-trial detention should not be the default and must only be imposed when clear, substantiated risks exist.
The ICC issued a sealed arrest warrant against Duterte on March 7, later made public on March 11. The warrant followed the Prosecution’s application accusing him of crimes against humanity committed during his time as Davao City mayor and Philippine president from 2011 to 2019.
Duterte was arrested and surrendered to the ICC by Philippine authorities on March 11. He first appeared via video link before the Chamber on March 14. The confirmation of charges hearing, including allegations related to murder and crimes against humanity, is set for September 23, 2025.
The Prosecutor’s office has submitted over 400 documents, nine photographs, and nearly 16 hours of audio and video files to support its case.
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