Former President Rodrigo Duterte has requested interim release from the International Criminal Court (ICC), with his legal counsel revealing that the Office of the Prosecutor does not object — provided he is transferred to a cooperating state under strict conditions.
In an urgent motion submitted to the ICC Pre-Trial Chamber I on June 12, Duterte’s defense team argues that the conditions for his continued detention no longer apply, stressing that he poses no flight risk, threat to witnesses, or danger to the integrity of the case.
The motion asserts that he does not meet the legal thresholds under Article 58(1)(b) of the Rome Statute, and therefore should be released from ICC custody while awaiting the confirmation of charges hearing in Sept. 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 reads, emphasizing his age, medical condition, and lack of political power since leaving the presidency in 2022.
“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,” it adds.
Duterte’s legal counsel noted that the ICC Office of the Prosecutor does not object to his interim release, provided that the cooperating state agrees to a set of strict conditions.
The name of the cooperating state was redacted in the publicly released version of the filing, but the defense said it has expressed willingness to host Duterte “subject to the imposition of conditions deemed necessary by the Chamber.”
“Chambers at the ICC and ad hoc tribunals have been minded to grant interim release where the Prosecutor does not oppose the request, or where State guarantees are presented in support of the application,” the filing says.
“[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,” it added.
Lawyers of the 80-year-old Duterte cited his age and retirement from public life as proof that he has no capacity to influence witnesses, flee the jurisdiction, or obstruct justice.
The former president has reportedly committed to staying within the host country, refraining from all public communications, and not using Internet or mobile devices if released.
“He (Duterte) will refrain from public engagement, office, or communications with persons outside his family,” the filing reads.
“He has also agreed to abstain from [the] use of the internet or any electronic devices, such as a mobile phone,” it added.
DECLINING HEALTH
The defense also raised humanitarian considerations, citing Duterte’s “declining health,” although specific details were not disclosed in the public document. The team referenced precedents from both the ICC and international ad hoc tribunals where elderly or ailing detainees were provisionally released pending trial.
According to the motion, these grounds further tilt the balance toward immediate and reasonable release, especially with a cooperating state’s guarantees.
The ICC issued a sealed arrest warrant against Duterte on March 7, which was made public four days later. The warrant followed the Prosecution’s application accusing him of crimes against humanity allegedly committed during his tenure as Davao City mayor and Philippine president between 2011 and 2019.
Duterte was arrested and surrendered to the ICC by Philippine authorities on March 11, following the reclassification of the arrest warrant from secret to public.
He initially appeared via video link before the Chamber on March 14. The hearing on the confirmation of charges, including crimes against humanity related to murder, is scheduled for Sept. 23, 2025.
The Prosecutor’s Office earlier said it has submitted over 400 documents, nine photographs, and nearly 16 hours of audio and video files as part of its case. (Argyll Geducos)
