The Pre-Trial Chamber I (PTC I) of the International Criminal Court (ICC) has formally requested the Netherlands and another unnamed state to submit their observations regarding the potential hosting of former President Rodrigo Duterte, should his application for interim release be granted.
In a five-page order dated June 18 and published on the ICC’s website on September 23, the chamber acknowledged the defense’s request to consult the Netherlands not only on transit arrangements but also on the possibility of accommodating Duterte for part or the entirety of his interim release.
The defense emphasized that this request was made “without prejudice” to Duterte’s primary request for release to the redacted state.
PTC I Presiding Judge Iulia Antoanella Motoc, who signed the document, clarified that seeking observations from the two states does not prejudge the interim release application.
“Lastly, the Chamber emphasises that the present order is issued for the purposes of considering all relevant submissions and observations prior to deciding on the Interim Release Request and, as a consequence, neither this order nor any observations received shall be construed as prejudging any matter to be determined in the context of that decision,” the document read.
As of now, there has been no update since then about the observations of both the Netherlands and the country that reportedly agreed to host the former president if he is granted interim release.
The ICC emphasized that both states must provide information on their willingness and capacity to host Duterte, enforce any conditions restricting his liberty, and facilitate his travel between the host country and the Netherlands for court proceedings.
The PTC I is also seeking observations from the Netherlands of its willingness to allow Duterte to “temporarily” reside in the kingdom for the purpose of the proceedings in the case.
The former president’s legal defense team has two pending motions before the ICC’s Pre-Trial Chamber I: the jurisdiction challenge and the interim release application.
Duterte was supposed to face the pre-trial chamber on Sept. 23 for the confirmation of charges but this was indefinitely postponed after Duterte’s camp claimed that he was unfit to stand trial.
