The International Criminal Court (ICC) is considering the interim release of former President Rodrigo Duterte, who is facing charges for crimes against humanity related to his “war on drugs”. Duterte’s legal team, led by Atty. Nicholas Kaufman, has informed the ICC that the Philippine government does not object to the interim release, provided that certain conditions are met ¹.
Duterte’s defense team has agreed to abide by any conditions imposed by the ICC Pre-Trial Chamber, which may include travel restrictions, residence in a third country, and monitoring measures. The prosecution, however, has expressed concerns about the potential risks of releasing Duterte, citing his history of interfering with investigations and intimidating witnesses.
The confirmation of charges hearing, originally scheduled for September 23, 2025, has been postponed indefinitely due to Duterte’s alleged health issues. His lawyers claim that he is “not fit to stand trial” due to impaired memory and difficulty recalling information.
Vice President Sara Duterte, Duterte’s daughter, has revealed that a third country has expressed willingness to host her father if the ICC grants his interim release. Malacañang has stated that the government will respect the ICC’s decision on the matter, with Presidential Press Undersecretary Atty. Claire Castro noting that the Vice President’s frequent foreign travels may have contributed to the possibility of finding a host country.
The ICC will now deliberate on Duterte’s interim release, taking into account the positions of both the defense and prosecution. The court’s decision will determine whether Duterte will be temporarily released while the case against him continues.
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