In a ruling made on Friday, judges at the International Criminal Court (ICC) in The Hague denied a request from former Philippine President Rodrigo Duterte for his release from detention. The judges concluded that there is a significant likelihood Duterte would refuse to return for trial if released and could potentially intimidate witnesses if granted freedom. Prosecutors have accused Duterte of committing crimes against humanity due to his involvement in violent anti-drug crackdowns during his presidency and his tenure as the mayor of Davao City.
Duterte's legal team sought his release on the grounds that he is in frail health and that his condition is worsening while in the ICC's detention unit. However, the panel of pre-trial judges rejected this plea in a detailed 23-page decision. They indicated that as a former president, Duterte has significant political connections which could facilitate his escape and that there was a risk he might use his liberty to interfere with the legal proceedings, including threatening potential witnesses.
Rodrigo Duterte's lawyer, Nick Kaufman, criticized the judges’ decision, describing it as "erroneous" and highlighting concerns over keeping an "80-year-old debilitated and cognitively impaired" individual in detention. This comes after a previous hearing was postponed last month to allow for a full medical assessment of Duterte's health. Defense filings have suggested that his "cognitive faculties" have deteriorated to the extent that he is unable to assist his legal team effectively.
The ICC's decision to keep Duterte in custody has been positively received by rights groups and families of victims affected by the drug war. The court's chief prosecutor, Karim Khan, described Duterte's arrest in March as a "crucial step" towards ensuring accountability for victims of severe crimes under the ICC's jurisdiction. Two organizations advocating for the families of individuals killed during Duterte's anti-drug campaign—SENTRO and CATW-AP—hailed the ruling as a "resounding victory for justice and accountability." They emphasized the principle that no one, including a former head of state, is above the law.
According to previous filings by ICC prosecutors, Duterte allegedly authorized "violent acts including murder" against suspected criminals, particularly targeting alleged drug dealers and users. The ICC initiated an inquiry in 2021 to investigate mass killings associated with Duterte’s "war on drugs," which he administered as both the mayor of Davao City and later as president. While the national police have reported over 6,000 deaths linked to the drug campaign, human rights organizations estimate that the actual death toll could be as high as 30,000.
