Ex-President Duterte seeks interim release from ICC detention
ILIGAN CITY (MindaNews / 13 June) – Former Philippine President Rodrigo Roa Duterte has asked the International Criminal Court (ICC) to grant his interim release, citing the absence of flight risk, the lack of threat to proceedings, and humanitarian considerations.
His lawyer, Nicholas Kaufman, filed the request on June 12, under Article 60(2) of the Rome Statute.
Article 60(2) of the Rome Statute provides that a detained individual may apply for interim release and mandates release if the Pre-Trial Chamber is not satisfied that the conditions under Article 58(1) are met.
Duterte is facing charges of crime against humanity of murder for deaths linked to his bloody “war on drugs.”
The Defense said that ICC jurisprudence requires a de novo factual assessment in such applications and that detention may only continue if no set of conditions can adequately mitigate the risks outlined in Article 58(1)(b).
Kaufman said the 80-year old Duterte “will not abscond, will not imperil proceedings, and will not commit further crimes,” and emphasized that humanitarian factors such as his age and health support his release.
He said Duterte does not meet the legal conditions for continued pre-trial detention under Article 58(1)(b) of the Rome Statute.
Kaufman also disclosed that discussions with the Office of the Prosecutor began immediately after Duterte’s initial court appearance and that, following the Chief Prosecutor’s leave of absence, the Prosecution confirmed it would not oppose Duterte’s interim release — provided it occurs under the terms proposed in the defense’s filings.
A State Party to the Rome Statute — whose identity remains redacted in the public motion — has offered to receive Duterte on its territory during the interim release period.
The said State Party has reportedly expressed a “principled agreement” to receive Mr. Duterte on its territory and to implement and enforce any conditions that the Pre-Trial Chamber may impose in accordance with its domestic legal framework.
According to the defense, that State has agreed to enforce any conditions imposed by Pre-Trial Chamber I and will cooperate fully with the Court. The defense submitted a proposed set of release conditions in Annex B, which it claims meet or exceed standards used in previous ICC and international tribunal cases.
Annex B of the Defense filing outlines the proposed terms and conditions for Mr. Duterte’s release, which the Defense claims are “as rigorous, if not more so,” than those previously accepted in ICC proceedings. These include location monitoring, travel restrictions, and immediate return to ICC jurisdiction upon summons.
Duterte was arrested upon arriving in Manila from Hong Kong on the morning of March 11, 2025, and flown to The Hague on the night of the same day. He arrived at the ICC Detention Centre on March 13 and made an initial appearance before the court on March 14.
Kaufman asked the court to expedite its decision and shorten the deadline for any responses or observations, saying it was urgent given Duterte’s physical condition.
He said international law uses detention only as a last resort and mandates release if the court can mitigate risks through conditions.
“The Prosecution bears the burden of proving that no conditions can sufficiently address the risks under Article 58(1)(b),” Kaufman stated. “If the Prosecution fails to meet this burden, the Rome Statute requires the Chamber to order Mr. Duterte’s release.”
In support of the application, the defense cited precedents from ICC chambers and ad hoc tribunals where the court granted interim release on humanitarian grounds or in instances where the Prosecution did not oppose release and a State Party provided sufficient guarantees.
The ICC Pre-Trial Chamber has yet to rule on the request. (Violeta M. Gloria/MindaNews)
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