Duterte requests ICC for temporary release
MANILA, Philippines — Former President Rodrigo Duterte's lawyers have formally sought his interim release from his detention at the International Criminal Court to an undisclosed country.
In a filing submitted Thursday, June 12, Duterte's defense team requested that he be temporarily freed pending his trial on crimes against humanity charges.
The filing also states ICC prosecutors have indicated they will not oppose the release under certain conditions.
"Since then, and since the Chief Prosecutor’s leave of absence, the Prosecution has confirmed its non-opposition to interim release to [REDACTED] State Party on the understanding that the terms and conditions set out in Annex A to this filing would be met," according to the document filed by Duterte's counsel, Nicholas Kaufman.
Duterte has been held at the ICC detention center near The Hague since March 12, following his arrest in Manila on charges related to thousands of killings during his anti-drug campaign.
Mystery country offers to host Duterte
A foreign government has agreed to take in Duterte if he is released, though the country's identity was redacted from the public court filing.
"The Government of [REDACTED] has expressed to the Defence its advance and principled agreement to receive Mr Duterte onto its territory for the term of his interim release," the document read.
The unnamed country has also committed to "implement such conditions as deemed appropriate by Pre-Trial Chamber I" and promised to provide prompt responses if asked by the court for its observations.
Age and health concerns cited
Duterte's lawyers emphasized his advanced age and apparent health issues as grounds for release. They noted he "was noticeably fatigued during his initial appearance on 14 March 2025."
The defense argued that keeping the former president in detention is unnecessary because he poses no flight risk.
"Mr Duterte is not a flight risk, and custody is not necessary to ensure his appearance before the Court," the document read.
"As one of the most recognised political figures in the world, he would be easily found and returned to ICC custody without any prospect of future release" if he tried to flee, it added.
Prosecution talks began immediately
According to the filing, discussions about Duterte's possible release started swiftly after his first court appearance in March.
"Inter partes discussions on interim release commenced between Counsel and the Chief Prosecutor, himself, immediately after the initial appearance," the document stated.
Since then, prosecutors have agreed to specific terms and conditions that would govern Duterte's release, details of which were not made public, according to the filing.
Duterte's defense challenged the reasons for keeping him locked up. Kaufman argued that prosecutors cannot rely on hypothetical scenarios to justify continued detention.
"The risk of flight cannot be based on the hypothetical because a hypothetical possibility, by its very nature, can never be entirely ruled out," the filing read.
On concerns about witness interference, the filing noted: "The Prosecution has not cited recent and substantial security threats to witnesses or shown that these witnesses are facing a 'dire security situation.'"
The defense also pointed out that the charges against Duterte have not yet been confirmed, and the case "is not in a sufficiently advanced stage of disclosure."
"Furthermore, Mr Duterte’s access to confidential information, let alone his ability to weaponise it, is and has been negligible," Kaufman wrote.
The filing also argues that Duterte's interim release ensures he is "well removed from the scope of, and investigations into, the alleged crimes."
Possible evasion of summons
The request for Duterte's release will have to be ruled upon by the ICC Pre-Trial Chamber.
Earlier, the ICC Pre-Trial Chamber I issued the warrant of arrest for Duterte, where it noted there was no reasonable expectation that Duterte would willingly comply with a summons to appear before the Court.
The former president is charged with murder as a crime against humanity for alleged killings between November 2011 and March 2019. The ICC prosecutor says he bears responsibility for thousands of deaths both as mayor of Davao City and later as Philippine president during his violent "war on drugs."
His confirmation of charges hearing is scheduled for September 23, where judges will decide if there's enough evidence to proceed to a full trial.
Drug war victims' kin
Human rights organizations had welcomed Duterte's arrest as a breakthrough in the years-long quest for justice for victims of his anti-drug campaign.
But Duterte's temporary release from detention is likely to dismay drug war victims' kin and those who have spoken against him before the court. ICC Assistant to Counsel Kristina Conti — who represents the relatives of victims of extrajudicial killings — said in an X post that there will be a consultation with the victims, "but during our last conversation, they were not in favor of any special treatment for Duterte."
Duterte's case has drawn international attention as a test of the ICC's ability to hold powerful leaders accountable for alleged mass atrocities.
Has the ICC granted interim release before?
The ICC has previously granted interim release to high-profile defendants when prosecutors don't oppose the request. In January 2021, the ICC Pre-Trial Chamber A released Kenyan lawyer Paul Gicheru with strict conditions after he voluntarily surrendered on charges of corruptly influencing witnesses in Kenya cases.
Like Duterte's situation, Gicheru's release was approved partly because "the Prosecutor did not oppose Mr Gicheru's request for interim release together with conditions restricting liberty." However, Gicheru faced lesser charges under Article 70 of the Rome Statute for witness tampering, which "attract lower sanctions" compared to Duterte's crimes against humanity charges.
Gicheru was required to provide one million Kenyan shillings as financial security and comply with conditions including weekly reporting, no international travel without permission, and no contact with witnesses.
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