ICC rejects Duterte bid for release; cites flight risk, possible obstruction of justice
At A Glance
- The ICC ordered former president Rodrigo Duterte to remain detained pending trial.
- Judges said the risks of Duterte fleeing or obstructing proceedings have increased after charges were confirmed.
- The tribunal also rejected arguments that Duterte's health condition warranted release.
The International Criminal Court (ICC) has denied former president Rodrigo Duterte’s latest bid for release, ruling that he should remain detained as judges cited increased risks of flight and obstruction of justice following the confirmation of charges against him.
In an eight-page decision dated May 22, ICC Trial Chamber III said there were no significant changes in circumstances that would justify Duterte’s release, with or without conditions.
“Accordingly, the Chamber finds that the risks under Article 58(1)(b)(i) and (ii) have increased,” the Chamber said.
“The Chamber therefore finds no notable change in circumstances that warrant the release of the Accused, with or without conditions,” it added.
The tribunal ultimately ordered that “the Accused shall continue to be detained.”
Charges increased flight risk
The ICC said the confirmation of charges against Duterte itself constituted a change in circumstances, but one that strengthened the justification for continued detention rather than release.
According to the Chamber, ICC jurisprudence consistently holds that the confirmation of charges increases the possibility that an accused may attempt to abscond.
Judges also pointed to Duterte’s previous rejection of ICC jurisdiction and his refusal to attend the confirmation hearing.
“I do not recognize the jurisdiction of the International Criminal Court over my person,” Duterte earlier said in a statement cited by the tribunal.
The Chamber said the former president’s stance suggested he may refuse to comply with conditions if released.
“Taken together with his access to vast resources and contacts, including his family and supporters in the Philippines who may assist him in evading justice, the Chamber finds that… there is a real and substantial risk that the Accused could nonetheless abscond or obstruct justice,” the decision read.
Health arguments rejected
Duterte’s defense had argued that his physical condition and cognitive decline warranted reconsideration of his detention.
The defense claimed the former president had experienced frequent falls due to loss of balance and suffered from short-term memory problems that supposedly limited his ability to interfere with witnesses or proceedings.
However, the Chamber said three court-appointed medical experts had already examined Duterte and found no information justifying modification of his detention.
The tribunal also ruled that the defense failed to present any new facts or substantial changes compared to earlier medical findings.
Previous release bids denied
Duterte was surrendered to the ICC on March 12, 2025, following the issuance of an arrest warrant by Pre-Trial Chamber I.
The ICC had previously rejected Duterte’s requests for interim release in September 2025, a decision later upheld by the Appeals Chamber.
Pre-Trial Chamber I also ordered Duterte’s continued detention in January 2026, which was likewise affirmed on appeal.
On April 23, 2026, the ICC formally confirmed charges against Duterte related to alleged crimes against humanity linked to his administration’s anti-drug campaign.