The International Criminal Court (ICC) has denied the request of former president Rodrigo Duterte for interim release, saying his continued detention remains necessary under the court’s founding statute.

In a decision issued by the ICC Pre-Trial Chamber I on Friday, Oct. 10, the tribunal rejected both the “Urgent Request for Interim Release” and the “Renewed Request for Interim Release” filed by Duterte’s legal team.

“The Chamber finds that Mr. Duterte’s detention continues to remain necessary under article 60(2) of the Statute based on each of the requirements set by article 58(1) of the Statute,” the 23-page ruling read.

The Chamber’s final order was categorical: “REJECTS the Request and the Renewed Request; ORDERS the continued detention of Mr. Duterte.”

In their petition, Duterte’s lawyers argued that the former president was not a flight risk, citing his declining health and global recognizability.

“Mr. Duterte does not pose an objective risk of flight considering his physiological and psychological health conditions... and the ease with which he would be found and returned to the Court, for he is one of the most recognized political figures in the world,” the Defense said.

They also claimed that Duterte’s “cognitive state” made it impossible for him to interfere with the proceedings or intimidate witnesses.

The Defense further cited “compelling humanitarian grounds,” invoking his unspecified medical condition as justification for temporary release.

The Prosecution, however, countered that detention remained necessary on all counts under Article 58(1)(b) of the Rome Statute, emphasizing Duterte’s rejection of the court’s authority.

“Mr. Duterte’s continued detention is necessary to ensure his appearance at trial... considering that he does not accept the legitimacy of the legal proceedings he is subject to before the Court,” prosecutors said, citing his resistance to arrest and statements likening his detention to “kidnapping.”

They also warned that his release could jeopardize witnesses and obstruct ongoing investigations.

“The release of Mr. Duterte could pose a risk... because of the possible opportunity to intimidate or threaten witnesses either directly or indirectly, through his associates or his family members,” the Prosecution argued.

Prosecutors further noted that Duterte’s past public remarks raised fears he might repeat or encourage violence.

“The continued detention of Mr. Duterte is necessary to prevent him from continuing with the commission of [the] crime... considering that Mr. Duterte has reportedly previously pledged to ‘double’ the killings the ‘moment I return,’” the filing stated.

The ICC also dismissed the Defense’s appeal to compassion, stressing that humanitarian factors do not override legal standards for pre-trial detention.

“Humanitarian factors are not, on their own, a consideration in the Chamber’s analysis pursuant to article 58 of the Statute,” prosecutors said.

Duterte is detained at The Hague in the Netherlands on charges of crimes against humanity linked to thousands of killings during his administration’s drug war.