Former president Rodrigo Duterte will remain under the custody of the International Criminal Court (ICC) after judges ruled that concerns over possible flight and interference with proceedings continue to outweigh arguments for temporary release.
In an eight-page ruling dated May 22, 2026, ICC Trial Chamber III denied Duterte’s renewed bid for interim freedom, saying circumstances surrounding the case have not materially changed enough to justify easing detention conditions.
The ruling emphasized that developments in the case — including the confirmation of charges earlier this year — have heightened concerns that Duterte could attempt to evade proceedings rather than reduced them.
Lawyers representing Duterte had argued for reconsideration, pointing to reported health issues and claims of declining physical and cognitive abilities, including alleged memory lapses and recurring falls.
However, the chamber said independent medical assessments commissioned by the court did not establish grounds severe enough to warrant altering Duterte’s detention status.
Judges maintained that the medical findings failed to outweigh longstanding concerns tied to the case, particularly risks involving non-appearance and possible obstruction of justice.
The tribunal also highlighted Duterte’s consistent rejection of the ICC’s authority, saying such a position raises questions about whether he would comply with court-imposed conditions if temporarily released.
Beyond that, magistrates pointed to Duterte’s broad support network, international reach, and available resources, factors they believe could increase the possibility of avoiding trial or influencing ongoing proceedings.
The latest order reinforces earlier decisions from both the ICC’s Pre-Trial Chamber and Appeals Chamber, which had likewise ruled against interim release while judicial proceedings move forward.
Duterte has been held under ICC custody since March 2025 after surrendering in connection with allegations tied to crimes against humanity linked to his administration’s anti-illegal drugs campaign.
His case remains part of the ICC’s broader investigation into alleged abuses connected to anti-drug operations in the Philippines, with court proceedings continuing as prosecutors prepare to present evidence and witness testimony in the months ahead.
